Question on 245(k)

J

jllag1

Registered Users (C)
Here is an imaginary timeline. I want to know if you think this case is eligible for 245(k).

5/2000 - Enter US on visitor visa. (I-94 valid until 11/2000)
6/2000 - Starts working illegally
9/2000 - Quits the work (3 month out of status)
10/2000 - Leaves US before I-94 expires.
5/2001 - Enter US on visitor visa (I-94 valid until 11/2001)
3/2002 - Leaves US (4 month unlawful presence).
4/2003 - Enter US on H1B (I-94 valid until 3/2007)
5/2003 - Applies for I-140/I-485 (NIW based)

Is this guy eligible for 485 and if he is, is he eligible for 245(k)??
 
It is headache to calculate all the dates you should do it and nobody has the time to spend. If you were out of status less than 180 days then you can apply I-485 under 245(k)
 
Originally posted by jllag1
Thank you for clearing that up.
Click to expand...

It looks like you were out of status four months the fist time, and another four months the second time. If 245k only covers out of status since the last entry, you're fine. If it covers cumulative out of status, you're SOL and will need to do Consular Processing. We'll see what USCIS kicks back.

BTW, did you apply for a new visitor visa before you entered in B status the second time? I sure hope so.
 
Thanks man. Actually this is just an imaginary case. I wanted to stimulate a discussion based on what you said on the exact application of 245(k). Nobody seems to know the definative answer to the point you raised. Hopefully more people will contribute to this thread on whatever they feel/know on this kind of cases.
 
245(K) :
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.


245(k) uses term "Aggregate" meaning, which all out status situations are to be summed up.

But what is the chance that CIS will come to know about unauthorized work unless the employer is reporting it to IRS.

If they come to know that will they give you the visa second time, that too for a person who violates the law every time he enters US?
 
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