Important & Interesting Questions on the 245(i) process !!!!!!

[rammon ramirez]

Hi:

I am a permanent resident of the US (green card holder). My wife is here on a visitor\'s visa and she was present here on the 21st of December, 2000. So essentially, we are in that "UNIQUE POSITION" where I believe that we can apply for the 245(i) process before April 30th, 2001. Her visitors visa is valid till feb 2001 and she has applied for an extension. Here are my questions:

1) If we go ahead with the 245(i), what STATUS does she get ?

2) How long will it take for her to get her green card using this process?

3) Since she is here legally, will she have to pay the so called $1000 penalty ?

4) If we have apply for the 245(i) tomorrow say, and she does not get her visitor\'s visa extension, does she become illegal after feb 2001 ?

5) I should (hopefully) get my US citizenship in a year and a half or so. Does this 245(i) application then AUTOMATICALLY (or can i get this application) transferred to the adjustment of status under CITIZEN SPONSORSHIP, thereby expediting it ?

6) Can she get a WORK PERMIT while she is on the 245(i) process ?

7) In the case that she is offfered a H-1B visa by a prospective employer, can she go ahead with that or will the H-1B hamper the 245(i) process or vice versa ?

These are perplexing questions I know but is there any INS procedure that is easy and simple ? None that I know of.

Thank you very much

rammon

 

[Aarthy Ganapathy]

No Title

I have applied for I-130 for my wife in Sep 2000 while she was in the US on a B1/b2 status. She will go out of status soon since her b1/b2 is valid only till Feb 21, 2001. Does the LIFE Act, i.e. 245(i) amendment give protection / status to her while her immigrant visa petition is being processed? The immigrant visa number is not available till another 4 years.

Can my wife stay back in the USA ? Will she be deported just for going out of status. Or can she stay back and pay the $1000 penalty when an immigrant visa becomes available for her, few years from now?

To add to this tension, my wife gave birth to baby recently in th US, who needs her mother. So my wife cannot depart from US.

Please see enclosed letter.

Any suggestions are welcome.

Thanks!

Ponnani Ananthanarayanan

 

[insearchof]

No Title

I know new 245-i ammenments allow K visa for US citizens
while V visa allows permanent residents who have filed for green card 3 years ago atleast, can bring their spouses and children here on V visa without them havving to wait abroad, please let me know if the fresh green card holder guys/gals who get married abroad if they can bring their wives/husbands sooner on any class of visas.

Thanks in advance

Contact me at insearchoff@hotmail.com