i285 and family based green card

[xmen]

Here is the situation of my friend :

He has filed the I-130 and gotten the approval notice, but no visa is available for him yet, since he is a married son of a US citizen. He cannot apply for a I-485 until he gets the visa number and it looks like is going to take like 10 years for that.

The thing is that he started living in US since the 1999 when he intially started the I-130 process, he was advised back then that whenever he gets the visa number he will be able to apply for the I-485 based on the i285.

Recently he was told that he does not qualify for the i285 since he got into the country using a Border Crossing Card, and that the i285 only applies for those that did not get into the country with a valid visa or Border Crossing Card.

so here are the three questions :

is it true that the i285 does not apply to him ?

if so, should he return to his country and wait for the visa number for him to apply for the I-485 from there (consular processing) ??

once he gets the visa number, can the whole family file the I-485 ???


Thanks in advance.


xmen

 

[familybased]

Search anwer under 245i/Child ago out

Here is the information that your friend needs to know. He should be eligible for 245i adjustment. He MUST NOT leave the country because it will trigger 10-year ban due to his overstay more than 364 days. the 245i benefit Does Not Apply for a person who SEEKS a permenant residency through the U.S. Consulate Process. If he is out of country, your friend has to file a waiver to show extrem hardship to his U.S. Citizen petitioner, which is very difficult to get approved since he is under son/father relationship rather than spouse relationship.

You friend also must show proof of his presence in the U.S. on December 21, 2000 since his 1-130 filling was under the Life Act. His spouse will receive her green card after a successful AOS, but his children must be under 21 when his immigration number becomes current in order to receive their residency. You can check Child Age-out for more information.

Good Luck.

I am not a lawer, read it as reference.

The following groups of people, who would ordinarily be ineligible for adjustment of status, are able to apply for adjustment of status under section 245(i):
· People who entered the US without inspection;
· People who have fallen out of valid nonimmigrant status or who have otherwise violated the terms of their status;
· People who have engaged in unauthorized employment;
· Crewmembers who entered the US with a D visa;
· People admitted in the transit without visa category; and
· People admitted under the Visa Waiver Pilot Program (now the Visa Waiver Permanent Program).


The following classes of people will remain ineligible for adjustment of status, despite the reinstatement of section 245(i):
· Stowaways,
· People admitted on a K visa who failed to marry the petitioning US citizen within 90 days after arrival;
· People subject to the J-1 two-year home residency requirement;
· People who have failed to appear at a scheduled deportation hearing or asylum interview, or who have failed to follow a deportation order or grant of voluntary departure;
· People who are seeking adjustment of status based on a marriage to a US citizen or permanent resident that was entered into while the person was in deportation proceedings, unless it can be shown that the marriage was entered into in good faith and not for immigration purposes;
· People who were placed in removal proceedings upon their entry to the US;
· Children in nonimmigrant status or seeking to adjust their status as orphans;
· People in S visa status (government informants) who have not received permission from the Attorney General to seek adjustment of status; and
· People who are deportable by reason of having engaged in terrorist activities while in the US.

To apply for adjustment of status under section 245(i), the applicant must submit both Form I-485, the standard adjustment of status application, and Supplement A to Form I-485, in addition to the other required forms. Supplement A is used to determine whether the applicant eligible for adjustment of status under section 245(i). Applicants will also be required to submit proof that they were in the US on the date section 245(i) was reinstated, December 21, 2000.

 

[EricNeesGC]

One more thing, I-245 does not guarantee that your will not be deported. He can still have a deportation order issue against him if he is caught by the immigration - FYI