If an RFE is issued to question the legal status of a dependant applicant for a certain timeframe, and a supplement + $1000 is demanded if such evidence cannot be provided, does the applicant need to check the 'I have accepted employment without authorization' option if they have worked odd jobs without any legal documentation? If they check the option, can 485 be denied? Does 245(i) give a blanket coverage to issues with legal status and employment issues or is there a time limit of illegal employment? Bottom line, can 485 be denied on this basis for a dependant?
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
I485 supplement
- Thread starter fjaffery
- Start date
luckyMonkey
Registered Users (C)
More details?
Do you mind sharing more details of the case, such as what kind of evidence they ask for, what do you think triggered the RFE? Thanks in advance.
Do you mind sharing more details of the case, such as what kind of evidence they ask for, what do you think triggered the RFE? Thanks in advance.
PrinceofJungle
New Member
Dear friend
It would be easy to answer, if quesion is more clear and focus what exactly u like to know.
Here is the answer what u are trying to ask.
If a person is Out-Of-Status and want to apply GC the 245() is applied person need to pay $1000. and wait for approval of 485 inside the US. mean can't leave county.
during the stay here in US if worked dosen't matter w/w-out doc. doesn't matter.
is that answer ur question and concerns.
P.O.J
It would be easy to answer, if quesion is more clear and focus what exactly u like to know.
Here is the answer what u are trying to ask.
If a person is Out-Of-Status and want to apply GC the 245() is applied person need to pay $1000. and wait for approval of 485 inside the US. mean can't leave county.
during the stay here in US if worked dosen't matter w/w-out doc. doesn't matter.
is that answer ur question and concerns.
P.O.J
TheRealCanadian
Volunteer Moderator
Originally posted by PrinceofJungle
If a person is Out-Of-Status and want to apply GC the 245() is applied person need to pay $1000. and wait for approval of 485 inside the US. mean can't leave county.
Not necessarily. There are several inaccuracies in your statement.
First, Section 245 of the INA is the section that covers adjustment of status. Everyone files an I-485 under 245. The areas you are referring to are 245i and 245k.
245k is available to employment-based I-485 filers only, and allows periods of illegal presence or out of status up to 180 days with NO PENALTY. There is no reason why anyone should file under 245i without first checking if you can claim relief under 245k. No competent attorney is unaware of 245k.
245i allows you to file an I-485 and allows any period of out of status or illegal presence, provided you file an I-485A supplement and pay the $1,000 fine per applicant.
The re-entry bars are a completely different animal. You can have accumulated more than 180 days of out of status time and be ineligible for 245k relief (and so must file under 245i) but still not be subject to the re-entry bars. The 3/10 year bars are an area you need to be clear about because they are not cut and dried, but at the same time the consequences can be very severe.
For anyone to help our original poster out, we need to know the entire story. Was there out of status time? Illegal presence? Unauthorized employment? For how long?
Here is some explanation:
The illegal stay was from 1994-1997. Since then the dependant has exited and re-entered on H-4s and APs. The employment were odd jobs here and there during the illegal stay.
The RFE was specifically for status inquiry up until 1997. RFE said that if evidence cannot be provided for legal status, a supplement along with $1000 should be filed.
Now the question, on the supplement, should the 'Accepted employment without authorization' option be checked along with overstay option?
Different attorneys, different stories:
2 of them say that the employment option should be checked as well as 245(i) protects against illegal work as well.
1 attorney says that there is no reason to file the supplement as the illegal stays did not total more than 180 days since April 1, 1997 and subsequent H4 and AP entries have corrected past status issues.
My attorney says that we can argue the above point with USCIS but it will cost more than a $1000 and un-necessary delays as well and there is a possibility of denial which would require appeals.
We have decided to go with the supplement and the $1000 fee with both the options checked, i.e. illegal stay and un-authorized employment and then hope for the best and put our faith in God that what ever happens, happens for the best.
The illegal stay was from 1994-1997. Since then the dependant has exited and re-entered on H-4s and APs. The employment were odd jobs here and there during the illegal stay.
The RFE was specifically for status inquiry up until 1997. RFE said that if evidence cannot be provided for legal status, a supplement along with $1000 should be filed.
Now the question, on the supplement, should the 'Accepted employment without authorization' option be checked along with overstay option?
Different attorneys, different stories:
2 of them say that the employment option should be checked as well as 245(i) protects against illegal work as well.
1 attorney says that there is no reason to file the supplement as the illegal stays did not total more than 180 days since April 1, 1997 and subsequent H4 and AP entries have corrected past status issues.
My attorney says that we can argue the above point with USCIS but it will cost more than a $1000 and un-necessary delays as well and there is a possibility of denial which would require appeals.
We have decided to go with the supplement and the $1000 fee with both the options checked, i.e. illegal stay and un-authorized employment and then hope for the best and put our faith in God that what ever happens, happens for the best.
TheRealCanadian
Volunteer Moderator
Originally posted by fjaffery
2 of them say that the employment option should be checked as well as 245(i) protects against illegal work as well.
It does. Tell the truth.
My attorney says that we can argue the above point with USCIS but it will cost more than a $1000 and un-necessary delays as well and there is a possibility of denial which would require appeals.
Your attorney makes sense. It can be argued that if you have never been out of status since your last entry to the US before filing the I-485 you do not need to claim relief under 245i/k since that's all that Section 245 requires in order to preserve your rights to file an AOS. However, if TSC has already issued your dependent with a Notice of Intent to Deny along with the 245i suggestion, you're probably better off filling out the I-485A and sending them the thousand bucks.
My bet is that if you didn't, they'd deny the case and you'd need to appeal and go through all sorts of hassles that'll easily eat up more than a $1000, with no guarantees of winning. I think you did the right thing.