I-485 and Supplement Applicaton

C

Cela

Registered Users (C)
Hello

My sitation:
U.S. citizen who recently married. I want to petition my self-employed husband who is entered without inspection into the U.S. and was petitioned by his brother 01/14/98.

My Questions:

  1. I'm filling out the I-130 ($355 filing fee) and I-435 ($1010 filing fee) and I'm told that I must file the I-485 supplement as well and pay the $1000 penalty fee. I aslo found out that these can be filed together. Am I on the right track?
  2. In the I-485 part 2 I marked the second bullet reading "My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children." is this the most appropiate based on my scenario?
  3. In the I-485 it asks "Have you ever... Been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?" Does receiving a ticket for not having the Metro (public transportation) Rider Pass at the time of inspection while riding the metro, which was later removed at court for demontrating the monthly pass, count?
  4. In the I-485 supplement Part B question 2 I marked "I am in unlawful immigration status because I entered the United States without inspection or I remained in the United States past the expiration of the period of my lawful admission;" is this the most appropiate based on my scenario? The others dont seem to apply.
  5. The I-485 supplement instruction sheet reads "You may apply for adjustment of status to that of LPR under section 245(i) if you:

A. Are physically present in the United States when the application is submitted; and
B. Have an immigrant visa number immediately available; and
C. Are admissible to the United States for permanent residence; and
D. Are the beneficiary of an approvable-when-filed visa petition, or an application for labor certification filed on or before April 30, 2001; and
E. Pay a $1,000 penalty fee (unless exempted).
My confussion is for item B, how can my husband have an immigrant visa available if he did not enter with one, this is why I'd like to petition for him. What exactly does this refer to?

Thanking you in advance for your time and feedback.
 
I am not an attorney but I think you will run into a problem. You can petition for your husband however since he entered without inspection he will not be able to adjust his status in the USA. He will have to opt for consular processing in his home country and that could trigger the 10 year ban since he has been in the country illegally. You need to consult with a competent immigration attorney ASAP before sending in any forms.
 
I second the post above. Your husband is ineligible for adjusting his status in the USA (since he has no status).

You need a competent immigration lawyer and look into waiver i-601.
 
PraetorianXI said:
I second the post above. Your husband is ineligible for adjusting his status in the USA (since he has no status).
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He's eligible for 245i relief based on the FB4 petition from 1998, even if he is adjusting as an Immediate Relative.

To the OP, he qualifies under B since as an Immediate Relative, an Immigrant Visa NUMBER is immediately available to him. It's not asking if he already has one - if he did, he wouldn't be filing an I-485!
 
Hello Envision... I did consult an attorney and from the consultation visit I learned that husband seems to qualify for the 245(i) but charging over $4000 for filing the docs on our behalf. I feel I can manage with a little input here and there.

Thanks for the advice.
 
Cela said:
Hello Envision... I did consult an attorney and from the consultation visit I learned that husband seems to qualify for the 245(i) but charging over $4000 for filing the docs on our behalf.
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If you're going to use an attorney, fill out a draft of the docs to the best of your knowledge, then take them to an attorney who will sit down with you for an hour or two to discuss them line by line and help you make corrections. That would cost more like $400, not $4000. Then you can fill out the final versions and file them yourself.
 
Cela said:
Hello Envision... I did consult an attorney and from the consultation visit I learned that husband seems to qualify for the 245(i) but charging over $4000 for filing the docs on our behalf. I feel I can manage with a little input here and there.

Thanks for the advice.
Click to expand...

you are welcome . I adjusted under 245i without an attorney and it all went well . good luck to you :D
 
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