Anyone having experience on 245(i)

S

srbose

Registered Users (C)
I entered USA on H1B Visa. My Labor was filed on
March 23,01 subsequently got approved on
June 6,01. Can I file 245(i) by not maintaining continuous non-immigration Status?
 
I think you can if you have not left the country since 245(i) is for individuals who were here on Dec 2000 and wants to apply for GC thru LC or family sponser.

Please take legal advice on this and good luck
 
My understanding with 245(i) is if someone get out of status and was present before Dec 2000 in US. can get GC without leaving US. if he/her leaves US while his/her pettition 485 is in pending then can be refused to re-enter.

ppl who have current status don't need to file using 245(i) bases. Would u like to share about ur case?


Good Luck
 
We filed a 245(i) for my wife after USCIS issued an RFE about here past stay from 1994-97. Although she has travelled out of the country several times since filing for I-485 on AP, we still opted to file 245(i) with $1000 penalty. We could have argued that her past status is no longer an issue as she has re-entered on AP, but that would have only delayed our cases further. We haven't gotten the approvals yet though :(

Consult with your lawyer for the final word.
 
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