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complex situation...any advice
- Thread starter Familygcprocess
- Start date
Familygcprocess
Registered Users (C)
LUCYMO or REALCANADIAN.....i was e-mailed by someone about 245(i) law and i think that may also apply in my kids case as my kids were here in US on TD visa in 2000 (when congress brought that law back). Can my kids benefit from that law. I mean our initial petition was filled before April 2001 (priority date 1999)....so i am thinking that we may even benefit from that. Can you please check my reasoning behind that law.
thanks and hope to hear from you guys soon.
thanks and hope to hear from you guys soon.
TheRealCanadian
Volunteer Moderator
i was e-mailed by someone about 245(i) law and i think that may also apply in my kids case as my kids were here in US on TD visa in 2000 (when congress brought that law back). Can my kids benefit from that law.
No; 245i only gives them the ability to adjust status when they would not otherwise be able to. It does nothing for them if they've aged out.
Regarding so called portability - look http://www.immigrationportal.com/showthread.php?t=269085&highlight=portability
here it is not needed.
Due to CSPA the child still classifies under F3. That is it. You go to Montreal, get your immigrant visa, and your daughter gets her immigrant visa as well. All you need to do to get your immigrant visa is to show your current GC (in addition to the regular procedures).
You also need to show both your GC and the immigrant visa and the entry point in the US. You will retain the original date of GC (2004). But your daughter will get one upon entering US.
If that GC is still conditional, you will have a choice.
1. Remove the condition and apply for naturalization based on the residence date of first GC.
2. Do not remove the condition and apply for naturalization based on the new entry.
here it is not needed.
situation is: My father filled F3 petition (married daugher of US citizen) for me in 1999. Petition got approved couple of months ago. In 2004, i got greencard through my husband. However, i didn't notify NVC. Recently got a letter from montreal consulate for an appointment.
Due to CSPA the child still classifies under F3. That is it. You go to Montreal, get your immigrant visa, and your daughter gets her immigrant visa as well. All you need to do to get your immigrant visa is to show your current GC (in addition to the regular procedures).
You also need to show both your GC and the immigrant visa and the entry point in the US. You will retain the original date of GC (2004). But your daughter will get one upon entering US.
If that GC is still conditional, you will have a choice.
1. Remove the condition and apply for naturalization based on the residence date of first GC.
2. Do not remove the condition and apply for naturalization based on the new entry.