Frederic M.

Hi,

I have an I-130 pending for approval. It will soon be approved because my mother just
became a US citizen, and now my priority date is current. I'm 27 years old. The last
time I entered the USA was on January 2000, with a I-94W visa (Visa Waiver Program).
If I remember correctly, when my mother filed the I-130 for me back in 1996, I was
also in the USA with a I-94W (Visa Waiver Program). Obviously once the I-130 is
offically approved, I will apply for the I-485. I will also submit the 245i since I
am out of status. My question is can I file the I-485 even though I am currently here
with an expired I-94W? I ask this because I've heard conflicting reports about
whether or not one is allowed to Adjust Status if they entered the country with an
I-94W (Visa Waiver Program), some have told me that the only exception is marriage.
Or is it all immediate relatives of US citizens, children 21+ also included? If not,
does the 245i enable me to file for the I-485 even though I entered with a I94W?
Thanks for any help.

Frederic M.

in message

    >
    >
    >
    >
27
    >
I-94W
    >
    >
    >
    >
    >
an
    >
    >
    >
    >
    >
the
    >
    >

me

    >
    >
    >
    >
    >
    >
    >
    >

Would this method work for other people who have applied under 245i (employment base)
too ? If they don't want to risk getting deported before getting their green card can
they just file for a voluntary departure and come back to the U.S. without being
subjected to the 10-year bar ?