Is there a way to file for 245i now?
- Thread starter IP User
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If the candidate leaves US, there will be a possible 3 or 10 year ban from re-entering US. You cannot file for a new 245i since the deadline is long gone.
I think there is a way to use that old 245i filing, and if I were you I would consult a few attorneys who offer free initial consultation.
Good Luck!
I think there is a way to use that old 245i filing, and if I were you I would consult a few attorneys who offer free initial consultation.
Good Luck!
What if the mother was not a USC before the 2001 deadline but is now?
I talked to a lawyer about this last Friday.
She indicated that a close family member, (spouse, child, parent or sibling) can petition for an applicant. If your mother is now a USC, you have a pathway. It might take sometime, but atleast you have a path.
Please contact a lawyer.
She indicated that a close family member, (spouse, child, parent or sibling) can petition for an applicant. If your mother is now a USC, you have a pathway. It might take sometime, but atleast you have a path.
Please contact a lawyer.
Concerned4us
Banned
It appears the person in question is illegally present and not an immediate relative. That is a problem.
IP User,
You have not offered enough details to get a good answer. Something filed before 4/30/01, can be the basis for filing for adjustment even now, if qualified. What got filed had to be "approvable when filed" (not fraud, not frivolous, and the particular relationship was valid at that time).
The alien in question has a mom who is now a USC. Provide the immigration history for the mom, the current alien and the petitioner/sponsor of the mom amd whoever might be the current petitioner/sponsor of the current alien in question. How did the alien enter the U.S. and when and the alien's current age? Entered without inspection or an overstay? It makes a difference.
You have not offered enough details to get a good answer. Something filed before 4/30/01, can be the basis for filing for adjustment even now, if qualified. What got filed had to be "approvable when filed" (not fraud, not frivolous, and the particular relationship was valid at that time).
The alien in question has a mom who is now a USC. Provide the immigration history for the mom, the current alien and the petitioner/sponsor of the mom amd whoever might be the current petitioner/sponsor of the current alien in question. How did the alien enter the U.S. and when and the alien's current age? Entered without inspection or an overstay? It makes a difference.
What about the person who had labor certification filed before the 4/30/01 deadline but was later denied because the company failed?
Now, what about this candidate who entered legally on B1/B2 and now is on Overstay whose mother just became a USC?
Now, what about this candidate who entered legally on B1/B2 and now is on Overstay whose mother just became a USC?
An old labor cert can qualify. It depends on if it was "approvable when filed". Labor certs were taking years to be processed by DOL back then. It is situational.
Suppose a company filed for an immigrant worker and was doing great but the labor cert languished for 5 or 6 years and then the company failed. This could have been "approvable when filed". If that company filed a small number of labor certs for qualified employees that they could actually afford to hire at the time, the labor cert should be OK to use even now. However, if the company filed 1,000 labor certs but could only afford to hire 2 people then that was not "approvable when filed". Also, if the company was already failing when the labor cert was filed then that's no good either. It is on a case-by-case basis.
It was not approved since the company failed. Can a GC mother or brother file for the Overstay candidate also? Does it also matter when the brother and/or mother got their GC first?
DOL?
DOL?
You speak of a GC mother or brother having filed. Filed what and when?
Provide full details or go pay a lawyer to drag information out of you at $500/hr.
The Overstay person had a labor cert filed before the April 30th 2001 deadline but the company failed. Brother and/or Mother were not a GC/USC either at that time.
Brother is now a USC and Mother should be a USC in a month or so. What are the options now? I know under the current Immigration law, if the mother files for her son that is unmarried and over 21, he would have to leave the country for 10 years and then wait more years to get a Visa correct?
You have started 11 threads in which you are fishing for an answer but every time you are challenged you do not provide the specific information required to figure out an answer you give inadequate responses or change the subject.
Go find a lawyer and get your answers there. You definitely need a face-to-face meeting with a qualified and patient immigration professional who can drag the information out of you once and for all.
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TheRealCanadian
Volunteer Moderator
I'm not surprised. You make it next to impossible.
From what I can see from your thread, you might qualify for 245i based on that LC if it was approvable when filed. And if you're subject to the 10-year bar, what do you have left to lose? Keep in mind it may take years for an FB31 or FB4 priority date to become current, so who knows what the law will be then, or whether you really do qualify for 245i.
You want a guarantee? Send me $1000. You'll be guaranteed to be $1000 poorer.
From what I can see from your thread, you might qualify for 245i based on that LC if it was approvable when filed. And if you're subject to the 10-year bar, what do you have left to lose? Keep in mind it may take years for an FB31 or FB4 priority date to become current, so who knows what the law will be then, or whether you really do qualify for 245i.
You want a guarantee? Send me $1000. You'll be guaranteed to be $1000 poorer.
hello house, please i am new here and i have some questions. (1) i live in the us and have overstayed my visa by over twenty years due to some circumstances, my mother filed for me in 2003 and 1-30 was approved. i have just mailed the last of the paper work form 1-864 and DS230 forms to nvc. my problem is nvc said i have to go back to my country to obtain my visa. i am now waiting for my interview date. i am very terrified to go because i don't know if the visa will be approved. is there anything i can do to obtain my GC here. i have kids here, and am afraid i may not see them grow up if God forbid visa is denied. i don't even know how to live in my country, i have lived all my life here in us. please help me. thanks
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