Sectio 245 Pending - Garden City

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Ceffass

Registered Users (C)
I am married to an US Citzen . We went to our first interview on Agust 02 2006 in Garden City - NY.The officer said that everything looks very good, the paper work (evidence) looks very good and bla bla bla.Went so smooth and nice that I was surprised .He did not stamped my passport. He put my A# , his name , the date and wrote down Section 245 Pending. Told me to wait few weeks that I would get something in a mail. He said he was gonna take a look over again , but said that everything looks fine.
My lawer said that it was a good signal, otherwise he would not write anything and re schedulle a second interview..Now I am confusedand curious to see what is gonna happen. By the way the office that interview us was very nice and pleasant. ..
So Does anyone had the same experience? If so please let me know what happen? and How long did take..
What is Section 245 Pending???
We filed the paper work I 485 in December 2005 and We had our interview on August 02 2006.
Thanks a lot..
 
Hi there..I entered with a B1 B2 Visa in 2003 , but the day of the Interview I did not have my I 94 with me ( I lost ) but I had the passport with the visa and and the Stamp on the day that I entered...and the officer saw that and made a copy..
 
Ignore this post .

Well , You were not in status . You should have applied to USCIS to get a replacement I94 when you were in status .
Your I/O considers you undocumented , or he could be in the process to check your entry records .

For now , All that you can do is WAIT ... and PREPARE WELL for your second interview .

Good Luck .

Information above is not correct as I did not understand issues with SECTION 245 . Please ignore this post .... :( :rolleyes:
 
Last edited by a moderator:
ps182 said:
Well , You were not in status . You should have applied to USCIS to get a replacement I94 when you were in status. Your I/O considers you undocumented , or he could be in the process to check your entry records . For now , All that you can do is WAIT ... and PREPARE WELL for your second interview .
Click to expand...

So what? If it's adjustment based on marriage to a US Citizen one could be out of status for 30 years and USCIS still couldn't deny the adjustment on that fact alone.
 
Thanks very much for both answers.I showed him my Passport with a Visa and the Imigration Stamped from the day that I've enter the US. So, that proves that I did not enter here illegal , I guess..
Im :confused: rigth now....
 
ps182 said:
Well , You were not in status . You should have applied to USCIS to get a replacement I94 when you were in status .
Your I/O considers you undocumented , or he could be in the process to check your entry records .

For now , All that you can do is WAIT ... and PREPARE WELL for your second interview .

Good Luck .
Click to expand...


This is NOT CORRECT. He is most definitely in status...at the most the officer will verify records, but the PP with visa and stamp is acceptable. I am curious as to whether you know what Section 245 means??
 
pianoplayer said:
This is NOT CORRECT. He is most definitely in status...at the most the officer will verify records, but the PP with visa and stamp is acceptable. I am curious as to whether you know what Section 245 means??
Click to expand...

Pianoplayer ,Realcanadian and Ceffass ,

This was my understanding of section 245(i) ( See link ) :confused: :confused: :rolleyes:

http://www.uscis.gov/graphics/howdoi/hdi245i.htm

Correct me if I am wrong , but I understood the issue as entering / working / living in the US without inspection . :confused: :confused:

I am sorry to have caused any confusion ( Pianoplayer & the real canadian ) :( :rolleyes:

Ceffass , please ignore my post , I realized that my knoledge on issues with section 245 is half baked ..... :(
 
TheRealCanadian said:
So what? If it's adjustment based on marriage to a US Citizen one could be out of status for 30 years and USCIS still couldn't deny the adjustment on that fact alone.
Click to expand...

Pianoplayer ,Realcanadian and Ceffass ,

I understood the issue as entering / working / living in the US without inspection .
I am sorry to have caused any confusion and Ceffass , please ignore my post , I realized that my knoledge on issues with section 245 is half baked .....
 
ps182 said:
Pianoplayer ,Realcanadian and Ceffass ,

This was my understanding of section 245(i) ( See link ) :confused: :confused: :rolleyes:

http://www.uscis.gov/graphics/howdoi/hdi245i.htm

Correct me if I am wrong , but I understood the issue as entering / working / living in the US without inspection . :confused: :confused:

I am sorry to have caused any confusion ( Pianoplayer & the real canadian ) :( :rolleyes:

Ceffass , please ignore my post , I realized that my knoledge on issues with section 245 is half baked ..... :(
Click to expand...


Section 245(i) comprises more than what you understand it to be. However, that is not relevant in this case. The OP did not enter without inspection(I am going with the facts he supplied), but instead overstayed his B visa.

-- he is married to a US citizen, and therefore is subject to section 245(a). B/c I was not there, and dont really know what the officer wrote, I can only guess that his entry did not even refer to 245(i).

At most the officer is verifying the documents and perhaps waiting on the name check -- this is what I can discern from the facts given.
 
ps182 said:
Pianoplayer ,Realcanadian and Ceffass ,

I understood the issue as entering / working / living in the US without inspection .
I am sorry to have caused any confusion and Ceffass , please ignore my post , I realized that my knoledge on issues with section 245 is half baked .....
Click to expand...

No problem -- read my post above. My only advice would be to be cautious to advise on issues about which your knowledge is half-baked....However, please do not take this as an insult -- it is meant as kind advice. I know you were trying to help.

Best wishes
 
pianoplayer said:
Section 245(i) comprises more than what you understand it to be. However, that is not relevant in this case. The OP did not enter without inspection(I am going with the facts he supplied), but instead overstayed his B visa.

-- he is married to a US citizen, and therefore is subject to section 245(a). B/c I was not there, and dont really know what the officer wrote, I can only guess that his entry did not even refer to 245(i).

At most the officer is verifying the documents and perhaps waiting on the name check -- this is what I can discern from the facts given.
Click to expand...

Thanks Pianoplayer , I was kinda off on my intep... Atlease I dont feel like a moron by misleading "Ceffass" .

Sorry about the wrong Info ....
 
pianoplayer said:
No problem -- read my post above. My only advice would be to be cautious to advise on issues about which your knowledge is half-baked....However, please do not take this as an insult -- it is meant as kind advice. I know you were trying to help.

Best wishes
Click to expand...

Heyy , I am learning and I have the BALLS TO SAY SORRY .... :)
and I really do not have BAD ATTITUDE ... :) :p
These are 2 reasons I still have friends who watch my back . :)
 
Wow..I am happy that you guys came to a happy end..
But I am still waiting for an answer.....
I dont think it refers to 245(i) but just a 245 ..The officer said that it was ok when I showed him my PP with the visa and Stamp..He said he was just gonna take a second look....He even gave me a letter saying that once I got my Permant Resident (it did not said a date on that) what I should do after 2 years and bla bla bla..
Thanks a lot..Its good to know that people care..
Maybe it is just a a name and backround check..I suppose.
 
Wonderful .
Like Pianoplayer just said , You just have to wait for USCIS to check your arrival record and you are good to go .

Congrads .. :)
 
Got a Welcome letter yestadarday ..They said the CG will arrive in 1- 3 weeks.. :D

Interview Aug 02 in Garden City(said would get an answer on the mail)
Welcome and approval letter Aug 19
Waiting for CG... :D
 
Congrads Ceffass .
I knew that I blew the answer to your question , but there were others to correct the situation . I am hapy for you and wish you the best .
 
Got a GC in a mail today

Ceffass said:
I am married to an US Citzen . We went to our first interview on Agust 02 2006 in Garden City - NY.The officer said that everything looks very good, the paper work (evidence) looks very good and bla bla bla.Went so smooth and nice that I was surprised .He did not stamped my passport. He put my A# , his name , the date and wrote down Section 245 Pending. Told me to wait few weeks that I would get something in a mail. He said he was gonna take a look over again , but said that everything looks fine.
My lawer said that it was a good signal, otherwise he would not write anything and re schedulle a second interview..Now I am confusedand curious to see what is gonna happen. By the way the office that interview us was very nice and pleasant. ..
So Does anyone had the same experience? If so please let me know what happen? and How long did take..
What is Section 245 Pending???
We filed the paper work I 485 in December 2005 and We had our interview on August 02 2006.
Thanks a lot..
Click to expand...


I would like to thanks all of you guys who gave me great advices..

I got my Green Card in the mail Saturday Aug 26

Married to US citzen Dec. 23 - 2005
Filed all the papers and mail by Dec 27
Interview on Aug 02 2006 (Section 245 Pending)\
Approval letter Aug 19
Green Card in the mail Sat 26
total 08 months and few days
 
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