I-245i

insins

Registered Users (C)
Hi:
This is about my unlucky brother. I have a small medical clinic and from there he applied for i-245 in 2001 and then got the DV Lottery in 2002. His lawyer canceled the 245i application without our consent and unfortunaltely the following year his DV lottery expired because FBI was taking too long to check his background. He has been living here illegally.

His lawyer said that we could apply the current PERM labor cert on his behalf. But since he is illegal now, the lawyer said that he could re-open the i-245 case and somehow link the PERM Labor to 245i. Is it possible? Can anyone re-open a 2 years old cancelled 245i application?

Thanks for any comments.
 
245(i) once you qualify you could apply anytime

Since your brother have been qualified aleready for the 245(i) benefice he could always apply under that same provision of the law however he would have to send i-485 and i-i485 A with the same penality of 1000 dolars additional harge .


best regards
 
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