Urgent! Please help! (245i)
Feb 24th 2001, 3:30 pm
#1
Guest
Posts: n/a
Greetings to the list.. I am holding F-1 visa since 1997 and I am married to my
husband 1997(he is PR at that time). But I didnt file any petition for permanent
resident till now.
I saw new law passed -- section 245i, and it is extended to 30th, April 2001.
My question is if I am eligible to apply for it? I am f-1 visa holder since 1997 till now
and I was present in US during the law passed.
I havent filed I-130 /I-485. Do i still qualify with this? Thanks for your advice!!!
Any input would be highly appreciated!!!!
Yean
husband 1997(he is PR at that time). But I didnt file any petition for permanent
resident till now.
I saw new law passed -- section 245i, and it is extended to 30th, April 2001.
My question is if I am eligible to apply for it? I am f-1 visa holder since 1997 till now
and I was present in US during the law passed.
I havent filed I-130 /I-485. Do i still qualify with this? Thanks for your advice!!!
Any input would be highly appreciated!!!!
Yean
Feb 25th 2001, 1:55 am
#2
Guest
Posts: n/a
Yean wrote:
> I am holding F-1 visa since 1997 and I am married to my husband 1997(he is PR at that
> time). But I didnt file any petition for permanent resident till now. I saw new law
> passed -- section 245i, and it is extended to 30th, April 2001. My question is if I am
> eligible to apply for it? I am f-1 visa holder since 1997 till now and I was present in
> US during the law passed. I havent filed I-130 /I-485. Do i still qualify with this?
You do not qualify for I-485 YET. Your PR husband can file an I-130 for you under 245i
and all this would do is qualify you to remain in the states and file adjustment in the
states without worry about being out of status while this processes. That is all that
this exclusion in the law will provide you: no worry about falling out of status while
you await the processing of the I-130. However, the 245i exclusion that you would
receive from this is a LIFETIME exclusion, which is something to consider and to take
advantage of, IMHO.
You would have to wait the 4-5 years that it takes for the I-130 to process, however,
before you can file the I-485 for adjustment of status. (the reason that it takes 4-5
years for approval is that he is PR instead of citizen, and these are limited in number
for PR's and there is that much backlog on them. Should he become a citizen before you get
approval, however, he could notify the service center and this would bump up the
processing to immediate and your processing time would then be much quicker.)
His filing of the I-130 does not give you any work authorization, and you cannot appy for
work authorization until you file the I-485.
See this page for more information about 245i, including a list of links. The last link
includes the INS's requirements for showing proof of residence in the US at the time the
law passed. You will also need to have this filed before 4/30/01, and legal assistance is
recommended by the INS: http://www2.apex.net/users/thehydes/245i.html
alvena marriage visa pages at: http://www2.apex.net/users/thehydes
> I am holding F-1 visa since 1997 and I am married to my husband 1997(he is PR at that
> time). But I didnt file any petition for permanent resident till now. I saw new law
> passed -- section 245i, and it is extended to 30th, April 2001. My question is if I am
> eligible to apply for it? I am f-1 visa holder since 1997 till now and I was present in
> US during the law passed. I havent filed I-130 /I-485. Do i still qualify with this?
You do not qualify for I-485 YET. Your PR husband can file an I-130 for you under 245i
and all this would do is qualify you to remain in the states and file adjustment in the
states without worry about being out of status while this processes. That is all that
this exclusion in the law will provide you: no worry about falling out of status while
you await the processing of the I-130. However, the 245i exclusion that you would
receive from this is a LIFETIME exclusion, which is something to consider and to take
advantage of, IMHO.
You would have to wait the 4-5 years that it takes for the I-130 to process, however,
before you can file the I-485 for adjustment of status. (the reason that it takes 4-5
years for approval is that he is PR instead of citizen, and these are limited in number
for PR's and there is that much backlog on them. Should he become a citizen before you get
approval, however, he could notify the service center and this would bump up the
processing to immediate and your processing time would then be much quicker.)
His filing of the I-130 does not give you any work authorization, and you cannot appy for
work authorization until you file the I-485.
See this page for more information about 245i, including a list of links. The last link
includes the INS's requirements for showing proof of residence in the US at the time the
law passed. You will also need to have this filed before 4/30/01, and legal assistance is
recommended by the INS: http://www2.apex.net/users/thehydes/245i.html
alvena marriage visa pages at: http://www2.apex.net/users/thehydes
