Hi Guys,

My friend has a problem here...His whole family is USC. His mother filed I-130 for his uncle long time ago and get approved. I mean it is their term now.
BUT,
His uncle came to the U.S in 2002 with B-1 visa with his wife and daughter w/o telling them. Now, it is his term to get his GC, but he overstays since 2002. Can he adjusts his status here? or he has no hope? Thanks in advance for any input.

245(i) may or may not be able to help here. But the way you write the question, I am not sure I understand whose mother and whose uncle we are talking about. When was the I-130 filed?

My friend's mother and uncle (his mother's brother).
It was filed more than 10 years ago. (sorry I couldn't remember the date he told me) They received a letter to notify them that it is their term 3 months ago....and they don't know what to do now.

Are you seeking advice for your friend? or your friend's uncle? You see you want to help your friend, but then it sounds like you want to help his uncle. I think you should rephrase your question. You need to be extremely clear on the details as its those details that may determine if the person can become an LPR or not - for example, the exact date the petition was filed is of great significance in 245(i) cases.

So the uncle came to the USA with his wife and daughter on visitor's visas in 2002. They did not tell your friend's mother (the uncle's sister) that they came to the USA, right? So the mother and the uncle have not kept in touch for 8 years?

If the uncle still wants to adjust status and get his green card, the mother will find out he's in the USA now, because she will need to supply some paperwork for his adjustment.

The Uncle should have a consultation with an immigration attorney to clear the matter up.

Not sure how it's your friend's problem, though....sounds more like the uncle's problem.

Rene

She would have to sponsor him apart from anything else, sounds a bit trivky if he is is here and not bothered to contact her for 8 years.

OK! Sorry about the confusion.....I am trying to help my friend's family. It is a problem of my friend's family.

First of all, they are (uncle, mother, and friend) in touch and live in the same city in the U.S. now. It is one single problem as I stated in my first post.

1. My friend's mother filed I-130 for his brother (so he is my friend's uncle) in 1997.

2. BUT, the brother came to the U.S in 2002 with B-1 w/o telling anyone until they were here. Since his uncle came in 2002, they stayed at the same city with my friend til now. This means they are in touch.

3. Now, my friend's mother receive the notice that it is her brother's term to apply for immigration visa.

4. So, since the uncle entered the U.S legally, but overstayed. Is it possible for him to adjust his status through his sister (my friend's mom) still??

Again, sorry for the confusion. I hope this post explains the situation more clear. Thanks in advance for help.

So Mom applied for her brother and his family. The brother was too stupid to remain aboard and instead "immigrated" to the US with his wife and child with B-2 visas and his wife thought it was a valid immigration visa. They have subsequently been in the US for 8 years living and working in the US. Now the brother has to come clean with his wife and child and tell them that he lied to them and that they have been living here illegally.

Since the brother and his family were filed before 2001 and his file date is now current he has to interview for adjustment of status. You are asking if they can interview here in the US or if they have to return to their own country to interview.

My opinion, which means nothing as I'm not an attorney, would be they can interview here since they would fall under the 245(i).

HOWEVER, have your friend's uncle get a consultation with an experienced immigration attorney.

Getting approved just mean they believe the relationship

it does not mean a visa will be available
An Illegal can never adjust status in the US

Hi,

The visa is avaliable...but according to you, he can't adjust his status in the U.S. Thanks for the input.

Hi Rete,

Thanks for the reply. I heard that they have to be here on 12/31/2000 to be qualify for 245i? Is that true?

Actually, they have to be here on 12/21/2000 to qualify for 245i. Otherwise... they don't quality for 245i.

Hmm I think they are out of luck. Thanks everyone.

They may be out of luck, or they may not be. Their case is a bit too complex to rely on opinions posted on a public bulletin board. Before they go ahead and make their situation any worse than it already is, they should heed Rete's advice and have a consultation with a qualified immigration attorney. This is not a DIY case.

That's not true. There are exceptions, depending on the specifics of each case.