My mom filed and was approved with 245i through her sister's petition. My dad was not included in the petition (for some reasons) and both of them overstayed their B2 visas since 1998. Now I got my Naturalization and passport (thank God for this forum's help!), I want to file a petition for them by myself. Is this just a case of a straight filing only since they are presently here in the US or do you see any complications in this case that we need to get a lawyer to take care of this? What's the difference between an ordinary parent petition and one with 245i? Do they issue I-94 with 245i? I was asking my mom but she doesn't know what it is but she has all her paperwork and she lives in TX and I live in CA.
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GC Petition for Parents with 245i
- Thread starter DADof5
- Start date
whitemimauz3
Registered Users (C)
Prior immigration violations by spouses are waived, i am not sure how they deal for parents of USC, I think you should invoke 245 (i) clause, somebody more experienced can shed light on this
PraetorianXI
Banned
Forget about 245(i) and file I-130 & I-485 together. You will need to prove they entered legally. A passport stamp or their old I-94s would work for that.
Atlanta_Brother
Registered Users (C)
I was asking my mom but she doesn't know what it is but she has all her paperwork and she lives in TX and I live in CA.
You being in CA and mom in TX is not a problem at all. Recently I filed adjustment of status for my mother. I mailed all the apperwork for her from Atlanta, GA since I live here but my mother lives in Boston, MA. I am sure she will be receiving all the notices from USCIS at her Boston address along with her biometrics apptt and interview letter.
Forget about 245(i) and file I-130 & I-485 together. You will need to prove they entered legally. A passport stamp or their old I-94s would work for that.
Thanks for the replies guys. As I was trying to fill out forms, I came across some clauses in the I-485 Supplement A which confused me that seems to apply to my parents who entered the US in a B2 visa in 1998. It was saying something about "Aliens who fail to continuously maintain a lawful status since entry to the U.S." Since they fall in this category, does it mean that they need to pay the $1000 penalty stated in the I-485 Supplement?
TheRealCanadian
Volunteer Moderator
Since they fall in this category, does it mean that they need to pay the $1000 penalty stated in the I-485 Supplement?
They're not eligible for 245i, and as Immediate Relatives they do not need 245i relief. Don't waste your money.