F-1 and I-130 Pending
Oct 12th 2004, 11:54 am
#61
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
Originally Posted by Jozef
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> I was wondering... when you said "your I-94 says D/S, you have not
> accrued illegal presence that counts
> towards the 3/10 bar, you should be able to obtain an immigrant visa at
> the
> consulate in your home country".... won't they find out you have been
> out-of-status while in the US when you try to obtain that visa from the
> consulate in my home country.
Well, yes, probably - that's why you should minimize the out of status time.
> How long does the process take anyways?...
It depends on the consulate, and whether they decide on doing a background
check. But we're talking months, instead of years for AOS in the US. And for
you AOS is not an option.
> So, if my Priority becomes current.... if I leave the US to obtain a
> visa from outside, Will my out-of-status be an issue at the US exit
> ports (considering I have I94 with D/S on it), will they be able to
> check what my status was before I left?
It won't be an issue when you leave. I imagine you may have some explaining
to do during your interview at the consulate though.
Jozef
(Not a lawyer)
news:[email protected] m...
> I was wondering... when you said "your I-94 says D/S, you have not
> accrued illegal presence that counts
> towards the 3/10 bar, you should be able to obtain an immigrant visa at
> the
> consulate in your home country".... won't they find out you have been
> out-of-status while in the US when you try to obtain that visa from the
> consulate in my home country.
Well, yes, probably - that's why you should minimize the out of status time.
> How long does the process take anyways?...
It depends on the consulate, and whether they decide on doing a background
check. But we're talking months, instead of years for AOS in the US. And for
you AOS is not an option.
> So, if my Priority becomes current.... if I leave the US to obtain a
> visa from outside, Will my out-of-status be an issue at the US exit
> ports (considering I have I94 with D/S on it), will they be able to
> check what my status was before I left?
It won't be an issue when you leave. I imagine you may have some explaining
to do during your interview at the consulate though.
Jozef
(Not a lawyer)
Your opinions have been very helpful. I think I might be eligible for 245i, because I just remembered making a trip to CANADA from the country of my residency (UK)... this was around back in Christmas 2000. I also happen to visit relatives in the US from CANADA via car. I was with friends, and we stayed in a hotel and rented cars under my name... If I can trace back receipts of these activities, can they be used to satisfy my "physical presence condition" on 245i?
I know I should consult with a lawyer, but I want to wait until my priority date becomes current. So... I would appreciate your input on this issue.
Thanks again.
Oct 12th 2004, 3:51 pm
#62
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> I think I might be eligible for
> 245i, because I just remembered making a trip to CANADA from the country
> of my residency (UK)... this was around back in Christmas 2000. I also
> happen to visit relatives in the US from CANADA via car. I was with
> friends, and we stayed in a hotel and rented cars under my name... If I
> can trace back receipts of these activities, can they be used to satisfy
> my "physical presence condition" on 245i?
It won't be easy.
Check out the following webpage for what is acceptable evidence according to
CIS:
http://uscis.gov/graphics/publicaffa...ife245iq_a.htm
Each application is handled on a case-by-case basis.
Jozef
news:[email protected] m...
> I think I might be eligible for
> 245i, because I just remembered making a trip to CANADA from the country
> of my residency (UK)... this was around back in Christmas 2000. I also
> happen to visit relatives in the US from CANADA via car. I was with
> friends, and we stayed in a hotel and rented cars under my name... If I
> can trace back receipts of these activities, can they be used to satisfy
> my "physical presence condition" on 245i?
It won't be easy.
Check out the following webpage for what is acceptable evidence according to
CIS:
http://uscis.gov/graphics/publicaffa...ife245iq_a.htm
Each application is handled on a case-by-case basis.
Jozef
Oct 12th 2004, 4:36 pm
#63
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
Originally Posted by Jozef
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> I think I might be eligible for
> 245i, because I just remembered making a trip to CANADA from the country
> of my residency (UK)... this was around back in Christmas 2000. I also
> happen to visit relatives in the US from CANADA via car. I was with
> friends, and we stayed in a hotel and rented cars under my name... If I
> can trace back receipts of these activities, can they be used to satisfy
> my "physical presence condition" on 245i?
It won't be easy.
Check out the following webpage for what is acceptable evidence according to
CIS:
http://uscis.gov/graphics/publicaffa...ife245iq_a.htm
Each application is handled on a case-by-case basis.
Jozef
news:[email protected] m...
> I think I might be eligible for
> 245i, because I just remembered making a trip to CANADA from the country
> of my residency (UK)... this was around back in Christmas 2000. I also
> happen to visit relatives in the US from CANADA via car. I was with
> friends, and we stayed in a hotel and rented cars under my name... If I
> can trace back receipts of these activities, can they be used to satisfy
> my "physical presence condition" on 245i?
It won't be easy.
Check out the following webpage for what is acceptable evidence according to
CIS:
http://uscis.gov/graphics/publicaffa...ife245iq_a.htm
Each application is handled on a case-by-case basis.
Jozef
Well here is a question I found on that website:
Q17. Specifically, what kind of non-government documentation can I submit to prove that I was physically in the United States on December 21, 2000?
A17. Examples of such non-government documentation include, but are not limited to:
School records;
Rental receipts;
Utility bill receipts;
Any other dated receipts; <<< I have a hotel and car receipts...
Personal checks written by the applicant bearing a bank cancellation stamp;
Employment records, including pay stubs;
Credit card statements showing the dates of purchase, payment, or other transaction;
Certified copies of records maintained by organizations chartered by the Federal or State government, such as public utilities, accredited private and religious schools, and banks;
If you established that you were part of a family unit living in the United States, documents proving the presence of another member of your family unit; and << what is this? What if I was living with my parents?
If you have ongoing correspondence or other interaction with INS, a list of the types and dates of such correspondence or other contact that you know are to be contained in INS records.
Such non-government documentation must indicate your name, have been dated at the time it was issued, and bear the seal or signature of the issuing authority (if the documentation is normally signed or sealed), be issued on letterhead stationery, or be otherwise authenticated.
From the look of it, it looks like I am eligible... but obviously its case by case, cause people will not carry the same proof of evidences. Wont they look into it at the interview stage anyways? or does it also goes through prelimenary stages too...
Thanks
Last edited by Mo007; Oct 12th 2004 at 5:40 pm.
Oct 12th 2004, 5:38 pm
#64
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> Q17. Specifically, what kind of non-government documentation can I
> submit to prove that I was physically in the United States on
> December 21, 2000?
> Q18. Examples of such non-government documentation include, but are not
> limited to:
> School records;
> Rental receipts;
> Utility bill receipts;
> Any other dated receipts;
> Personal checks written by the applicant bearing a bank cancellation
> stamp;
> Employment records, including pay stubs;
> Credit card statements showing the dates of purchase, payment, or other
> transaction;
> Certified copies of records maintained by organizations chartered by the
> Federal or State government, such as public utilities, accredited
> private and religious schools, and banks;
> If you established that you were part of a family unit living in the
> United States, documents proving the presence of another member of your
> family unit; and
> If you have ongoing correspondence or other interaction with INS, a list
> of the types and dates of such correspondence or other contact that you
> know are to be contained in INS records.
> Such non-government documentation must indicate your name, have been
> dated at the time it was issued, and bear the seal or signature of the
> issuing authority (if the documentation is normally signed or sealed),
> be issued on letterhead stationery, or be otherwise authenticated.
> From the look of it, it looks like I am eligible... but obviously its
> case by case, cause people will not carry the same proof of evidences.
> Wont they look into it at the interview stage anyways? or does it also
> goes through prelimenary stages too...
You will have to convince them that you *lived* in the US on Dec. 21, 2000.
That is what the proof of presence is for. Since that was not the case (you
merely visited) that may be difficult. What it comes down to really is that
you will have to lie... which is never good when dealing with the CIS.
You're right, it will be looked at thoroughly only at the interview stage.
At the moment of filing there is only a cursory review, which you may very
well pass if you include a bunch of receipts and the like.
Since you appear not to be subject to the bar, I think you stand a better
chance by going the consular route. Talk to a good immigration attorney
before doing anything.
Jozef
news:[email protected] m...
> Q17. Specifically, what kind of non-government documentation can I
> submit to prove that I was physically in the United States on
> December 21, 2000?
> Q18. Examples of such non-government documentation include, but are not
> limited to:
> School records;
> Rental receipts;
> Utility bill receipts;
> Any other dated receipts;
> Personal checks written by the applicant bearing a bank cancellation
> stamp;
> Employment records, including pay stubs;
> Credit card statements showing the dates of purchase, payment, or other
> transaction;
> Certified copies of records maintained by organizations chartered by the
> Federal or State government, such as public utilities, accredited
> private and religious schools, and banks;
> If you established that you were part of a family unit living in the
> United States, documents proving the presence of another member of your
> family unit; and
> If you have ongoing correspondence or other interaction with INS, a list
> of the types and dates of such correspondence or other contact that you
> know are to be contained in INS records.
> Such non-government documentation must indicate your name, have been
> dated at the time it was issued, and bear the seal or signature of the
> issuing authority (if the documentation is normally signed or sealed),
> be issued on letterhead stationery, or be otherwise authenticated.
> From the look of it, it looks like I am eligible... but obviously its
> case by case, cause people will not carry the same proof of evidences.
> Wont they look into it at the interview stage anyways? or does it also
> goes through prelimenary stages too...
You will have to convince them that you *lived* in the US on Dec. 21, 2000.
That is what the proof of presence is for. Since that was not the case (you
merely visited) that may be difficult. What it comes down to really is that
you will have to lie... which is never good when dealing with the CIS.
You're right, it will be looked at thoroughly only at the interview stage.
At the moment of filing there is only a cursory review, which you may very
well pass if you include a bunch of receipts and the like.
Since you appear not to be subject to the bar, I think you stand a better
chance by going the consular route. Talk to a good immigration attorney
before doing anything.
Jozef
Oct 13th 2004, 5:20 am
#65
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
Originally Posted by Jozef
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> Q17. Specifically, what kind of non-government documentation can I
> submit to prove that I was physically in the United States on
> December 21, 2000?
> Q18. Examples of such non-government documentation include, but are not
> limited to:
> School records;
> Rental receipts;
> Utility bill receipts;
> Any other dated receipts;
> Personal checks written by the applicant bearing a bank cancellation
> stamp;
> Employment records, including pay stubs;
> Credit card statements showing the dates of purchase, payment, or other
> transaction;
> Certified copies of records maintained by organizations chartered by the
> Federal or State government, such as public utilities, accredited
> private and religious schools, and banks;
> If you established that you were part of a family unit living in the
> United States, documents proving the presence of another member of your
> family unit; and
> If you have ongoing correspondence or other interaction with INS, a list
> of the types and dates of such correspondence or other contact that you
> know are to be contained in INS records.
> Such non-government documentation must indicate your name, have been
> dated at the time it was issued, and bear the seal or signature of the
> issuing authority (if the documentation is normally signed or sealed),
> be issued on letterhead stationery, or be otherwise authenticated.
> From the look of it, it looks like I am eligible... but obviously its
> case by case, cause people will not carry the same proof of evidences.
> Wont they look into it at the interview stage anyways? or does it also
> goes through prelimenary stages too...
You will have to convince them that you *lived* in the US on Dec. 21, 2000.
That is what the proof of presence is for. Since that was not the case (you
merely visited) that may be difficult. What it comes down to really is that
you will have to lie... which is never good when dealing with the CIS.
You're right, it will be looked at thoroughly only at the interview stage.
At the moment of filing there is only a cursory review, which you may very
well pass if you include a bunch of receipts and the like.
Since you appear not to be subject to the bar, I think you stand a better
chance by going the consular route. Talk to a good immigration attorney
before doing anything.
Jozef
news:[email protected] m...
> Q17. Specifically, what kind of non-government documentation can I
> submit to prove that I was physically in the United States on
> December 21, 2000?
> Q18. Examples of such non-government documentation include, but are not
> limited to:
> School records;
> Rental receipts;
> Utility bill receipts;
> Any other dated receipts;
> Personal checks written by the applicant bearing a bank cancellation
> stamp;
> Employment records, including pay stubs;
> Credit card statements showing the dates of purchase, payment, or other
> transaction;
> Certified copies of records maintained by organizations chartered by the
> Federal or State government, such as public utilities, accredited
> private and religious schools, and banks;
> If you established that you were part of a family unit living in the
> United States, documents proving the presence of another member of your
> family unit; and
> If you have ongoing correspondence or other interaction with INS, a list
> of the types and dates of such correspondence or other contact that you
> know are to be contained in INS records.
> Such non-government documentation must indicate your name, have been
> dated at the time it was issued, and bear the seal or signature of the
> issuing authority (if the documentation is normally signed or sealed),
> be issued on letterhead stationery, or be otherwise authenticated.
> From the look of it, it looks like I am eligible... but obviously its
> case by case, cause people will not carry the same proof of evidences.
> Wont they look into it at the interview stage anyways? or does it also
> goes through prelimenary stages too...
You will have to convince them that you *lived* in the US on Dec. 21, 2000.
That is what the proof of presence is for. Since that was not the case (you
merely visited) that may be difficult. What it comes down to really is that
you will have to lie... which is never good when dealing with the CIS.
You're right, it will be looked at thoroughly only at the interview stage.
At the moment of filing there is only a cursory review, which you may very
well pass if you include a bunch of receipts and the like.
Since you appear not to be subject to the bar, I think you stand a better
chance by going the consular route. Talk to a good immigration attorney
before doing anything.
Jozef
Here is the language they use:
The law states that in order to be eligible for adjustment of status under Section 245(i) you also had to be physically present in the United States on the date the LIFE Act was enacted— December 21, 2000.
But I totally agree with you, I will have to elaborate more on my "physical presence" during the interview.
I don't want to live away from my family at this point, and since I will be applying for adjustment in Boston - which takes 6 months to get an interview - I am hoping that I stay here, and find a good lawyer to help get through the 245i, instead of going back and waiting for a visa. Plus, I am attending a grad school, and I dont want to take a break in the middle of my studies.
Last edited by Mo007; Oct 13th 2004 at 5:40 am.
Oct 31st 2004, 10:47 am
#66
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
Amanda / Jozef... it has been a while!
You have been very helpful, and I think I exhausted you guys with the details of my case...
- However, I might file for AOS if my priority date becomes "current" next month (I hope it does).... and since I told you about using 245i to get the green-card, which I will consult with an immigration attorney when the time comes... I have few receipts stating I was in the country around 12/20/2000, but I am still little confused about the definition of Physical Presence Condition still... does that require a continuous presence since 12/20/2000? - because I can't find it anywhere distinguishing between "continous" or "brief" presence to qualify for this act.
Thanks, and Happy Voting!
You have been very helpful, and I think I exhausted you guys with the details of my case...
- However, I might file for AOS if my priority date becomes "current" next month (I hope it does).... and since I told you about using 245i to get the green-card, which I will consult with an immigration attorney when the time comes... I have few receipts stating I was in the country around 12/20/2000, but I am still little confused about the definition of Physical Presence Condition still... does that require a continuous presence since 12/20/2000? - because I can't find it anywhere distinguishing between "continous" or "brief" presence to qualify for this act.Thanks, and Happy Voting!
Last edited by Mo007; Oct 31st 2004 at 10:53 am.
Oct 31st 2004, 3:08 pm
#67
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> I have few receipts stating
> I was in the country around 12/20/2000, but I am still little confused
> about the definition of Physical Presence Condition still... does that
> require a continuous presence since 12/20/2000? - because I can't find
> it anywhere distinguishing between "continous" or "brief" presence to
> qualify for this act.
245(i) was designed to enable people who did not maintain valid immigration
status and for whom an immigrant visa is immediately available to adjust
status without leaving the US because doing so would trigger the 3/10 bar.
So yes, it implies continuous presence, IMO. Your case is definitely
different. That doesn't mean 245(i) may not work for you. You will have to
invest in a really good immigration attorney.
news:[email protected] m...
> I have few receipts stating
> I was in the country around 12/20/2000, but I am still little confused
> about the definition of Physical Presence Condition still... does that
> require a continuous presence since 12/20/2000? - because I can't find
> it anywhere distinguishing between "continous" or "brief" presence to
> qualify for this act.
245(i) was designed to enable people who did not maintain valid immigration
status and for whom an immigrant visa is immediately available to adjust
status without leaving the US because doing so would trigger the 3/10 bar.
So yes, it implies continuous presence, IMO. Your case is definitely
different. That doesn't mean 245(i) may not work for you. You will have to
invest in a really good immigration attorney.
Nov 1st 2004, 3:59 am
#68
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
Originally Posted by Jozef
245(i) was designed to enable people who did not maintain valid immigration
status and for whom an immigrant visa is immediately available to adjust
status without leaving the US because doing so would trigger the 3/10 bar.
So yes, it implies continuous presence, IMO. Your case is definitely
different. That doesn't mean 245(i) may not work for you. You will have to
invest in a really good immigration attorney.
I mentioned somewhere on this thread, that my dad filed a petition for me when he was an asylee in the US, and I was under 21 then, on December 1997. It was approved, and was awaiting for consular processing to call me, however, I aged out before I showed up for the consular interview. So the whole petition was dropped by the INS (then)... and recently found out I dont qualify for CSPA.
Few years down the road, my dad became a US citizen, and filed I-130 for me, which placed me on Family 1st relative category on the DOS visa bulletin. Which is now what I am hoping to adjust to, and get a green card.
Given all those circumstances, I didnt forsee of falling out status in the US, so, will using 245i give some weight on the asylee petition before January 1998. If so, the Physical Presence condition is not required for people who had petition filed before January 15, 1998.. is there a way to consider all this and get a successful AOS?
Thanks.
P.S. Here is a legal advice I found on http://www.murthy.com/adjsta.html regarding this issue.
INS has issued guidance clarifying who is eligible for 245(i) :
Even if the case under which the person ultimately obtains the Green Card involves a completely different petition from the one that was filed earlier, the applicant can still benefit from that earlier filing. A particular person - not an application or petition - is 245(i) eligible. This means that if a labor certification application or an immigrant petition is filed on or before April 30, 2001, then even if the alien eventually adjusts status based upon a different petition filed after April 30, 2001, s/he is still eligible for 245(i) adjustment.
Last edited by Mo007; Nov 1st 2004 at 4:14 am.
Nov 1st 2004, 12:28 pm
#69
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
>> "Mo007" <member28317@british_expats.com> wrote in message
>> news:[email protected] m...
>> > I have few receipts stating
>> > I was in the country around 12/20/2000, but I am still little
>> > confused
>> > about the definition of Physical Presence Condition still... does
>> > that
>> > require a continuous presence since 12/20/2000? - because I can't
>> > find
>> > it anywhere distinguishing between "continous" or "brief" presence
>> > to
>> > qualify for this act.
>> 245(i) was designed to enable people who did not maintain valid
>> immigration
>> status and for whom an immigrant visa is immediately available
>> to adjust
>> status without leaving the US because doing so would trigger
>> the 3/10 bar.
>> So yes, it implies continuous presence, IMO. Your case is definitely
>> different. That doesn't mean 245(i) may not work for you. You will
>> have to
>> invest in a really good immigration attorney.
> Thanks for the reply Jozef... that is a clear and fair statement.
> I mentioned somewhere on this thread, that my dad files a petition for
> me when he was an asylee in the US, and I was under 21 the, before
> January 1998. It was approved, and was awaiting for consular processing
> to call me, however, I aged out before I showed up for the consular
> interview.
> Few years down the road, my dad became a US citizen, and filed I-130
> for me, which placed on Family 1st relative category on the DOS visa
> bulletin. Which is now what I am hoping to adjust to, and get a
> green card.
> Given all those circumstances, I didnt forsee of falling out status in
> the US, so, will using 245i give some weight on the asylee petition
> before January 1998. If so, the Physical Presence condition is not
> required for people who had petition filed before January 15, 1998?
> Thanks.
> P.S. Here some legal advice from http://www.murthy.com/adjsta.html
> regarding this issue.
> INS has issued guidance clarifying who is eligible for 245(i) :
> Even if the case under which the person ultimately obtains the Green
> Card involves a completely different petition from the one that was
> filed earlier, the applicant can still benefit from that earlier filing.
> A particular person - not an application or petition - is 245(i)
> eligible. This means that if a labor certification application or an
> immigrant petition is filed on or before April 30, 2001, then even if
> the alien eventually adjusts status based upon a different petition
> filed after April 30, 2001, s/he is still eligible for 245(i)
> adjustment.
> --
> Posted via http://britishexpats.com
news:[email protected] m...
>> "Mo007" <member28317@british_expats.com> wrote in message
>> news:[email protected] m...
>> > I have few receipts stating
>> > I was in the country around 12/20/2000, but I am still little
>> > confused
>> > about the definition of Physical Presence Condition still... does
>> > that
>> > require a continuous presence since 12/20/2000? - because I can't
>> > find
>> > it anywhere distinguishing between "continous" or "brief" presence
>> > to
>> > qualify for this act.
>> 245(i) was designed to enable people who did not maintain valid
>> immigration
>> status and for whom an immigrant visa is immediately available
>> to adjust
>> status without leaving the US because doing so would trigger
>> the 3/10 bar.
>> So yes, it implies continuous presence, IMO. Your case is definitely
>> different. That doesn't mean 245(i) may not work for you. You will
>> have to
>> invest in a really good immigration attorney.
> Thanks for the reply Jozef... that is a clear and fair statement.
> I mentioned somewhere on this thread, that my dad files a petition for
> me when he was an asylee in the US, and I was under 21 the, before
> January 1998. It was approved, and was awaiting for consular processing
> to call me, however, I aged out before I showed up for the consular
> interview.
> Few years down the road, my dad became a US citizen, and filed I-130
> for me, which placed on Family 1st relative category on the DOS visa
> bulletin. Which is now what I am hoping to adjust to, and get a
> green card.
> Given all those circumstances, I didnt forsee of falling out status in
> the US, so, will using 245i give some weight on the asylee petition
> before January 1998. If so, the Physical Presence condition is not
> required for people who had petition filed before January 15, 1998?
> Thanks.
> P.S. Here some legal advice from http://www.murthy.com/adjsta.html
> regarding this issue.
> INS has issued guidance clarifying who is eligible for 245(i) :
> Even if the case under which the person ultimately obtains the Green
> Card involves a completely different petition from the one that was
> filed earlier, the applicant can still benefit from that earlier filing.
> A particular person - not an application or petition - is 245(i)
> eligible. This means that if a labor certification application or an
> immigrant petition is filed on or before April 30, 2001, then even if
> the alien eventually adjusts status based upon a different petition
> filed after April 30, 2001, s/he is still eligible for 245(i)
> adjustment.
> --
> Posted via http://britishexpats.com
Nov 1st 2004, 12:28 pm
#70
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Mo007" <member28317@british_expats.com> wrote in message
news:[email protected] m...
> I mentioned somewhere on this thread, that my dad files a petition for
> me when he was an asylee in the US, and I was under 21 the, before
> January 1998. It was approved, and was awaiting for consular processing
> to call me, however, I aged out before I showed up for the consular
> interview.
> Few years down the road, my dad became a US citizen, and filed I-130
> for me, which placed on Family 1st relative category on the DOS visa
> bulletin. Which is now what I am hoping to adjust to, and get a
> green card.
> Given all those circumstances, I didnt forsee of falling out status in
> the US, so, will using 245i give some weight on the asylee petition
> before January 1998. If so, the Physical Presence condition is not
> required for people who had petition filed before January 15, 1998?
Sorry, that earlier petition would not do you any good, because you aged
out, and the CSPA was not enacted yet at that time.
> P.S. Here some legal advice from http://www.murthy.com/adjsta.html
> regarding this issue.
> INS has issued guidance clarifying who is eligible for 245(i) :
> Even if the case under which the person ultimately obtains the Green
> Card involves a completely different petition from the one that was
> filed earlier, the applicant can still benefit from that earlier filing.
> A particular person - not an application or petition - is 245(i)
> eligible. This means that if a labor certification application or an
> immigrant petition is filed on or before April 30, 2001, then even if
> the alien eventually adjusts status based upon a different petition
> filed after April 30, 2001, s/he is still eligible for 245(i)
> adjustment.
news:[email protected] m...
> I mentioned somewhere on this thread, that my dad files a petition for
> me when he was an asylee in the US, and I was under 21 the, before
> January 1998. It was approved, and was awaiting for consular processing
> to call me, however, I aged out before I showed up for the consular
> interview.
> Few years down the road, my dad became a US citizen, and filed I-130
> for me, which placed on Family 1st relative category on the DOS visa
> bulletin. Which is now what I am hoping to adjust to, and get a
> green card.
> Given all those circumstances, I didnt forsee of falling out status in
> the US, so, will using 245i give some weight on the asylee petition
> before January 1998. If so, the Physical Presence condition is not
> required for people who had petition filed before January 15, 1998?
Sorry, that earlier petition would not do you any good, because you aged
out, and the CSPA was not enacted yet at that time.
> P.S. Here some legal advice from http://www.murthy.com/adjsta.html
> regarding this issue.
> INS has issued guidance clarifying who is eligible for 245(i) :
> Even if the case under which the person ultimately obtains the Green
> Card involves a completely different petition from the one that was
> filed earlier, the applicant can still benefit from that earlier filing.
> A particular person - not an application or petition - is 245(i)
> eligible. This means that if a labor certification application or an
> immigrant petition is filed on or before April 30, 2001, then even if
> the alien eventually adjusts status based upon a different petition
> filed after April 30, 2001, s/he is still eligible for 245(i)
> adjustment.
