i have a question in regards to the 245i clause and its relation to immigrant petitions.
my scenario is that my mother/father had overstayed in the US for something like 15 or something years. in 1989, my grandfather petitioned my father for permanent residency, though he still (stupidly) came here as a tourist in 1994 and overstayed. later, my mother, sisters, and i followed to join him. in 2000, my mother decided to start the green card process after obtaining her nursing licensure in the US. her lawyers decided to take advantage of the
245i supplement, on the basis that an immigrant petition was filed on my father's behalf years and years ago. the doubt exists now, because the case is obviously derived from my mother, employment-based.
my question is, though my father is obviously covered by 245i (approvable at the time of filing, though obviously not pursued), are my mother and her derivatives still covered by 245i though these are two separate cases (father accounted for under mother's petition).
please advise. it would be much appreciated to finally have some answers.
my scenario is that my mother/father had overstayed in the US for something like 15 or something years. in 1989, my grandfather petitioned my father for permanent residency, though he still (stupidly) came here as a tourist in 1994 and overstayed. later, my mother, sisters, and i followed to join him. in 2000, my mother decided to start the green card process after obtaining her nursing licensure in the US. her lawyers decided to take advantage of the
245i supplement, on the basis that an immigrant petition was filed on my father's behalf years and years ago. the doubt exists now, because the case is obviously derived from my mother, employment-based.
my question is, though my father is obviously covered by 245i (approvable at the time of filing, though obviously not pursued), are my mother and her derivatives still covered by 245i though these are two separate cases (father accounted for under mother's petition).
please advise. it would be much appreciated to finally have some answers.