245i question

[Dorothea]

Ha! I'm a mod and I don't know where to post this question...

Okay, I work with a woman who has been in the US for 21 years. She came in illegally as a minor in 1987 and has been here ever since. She has told me very little, but I do know that she has a visa due to 245i (I think that's what I mean).
What I am wondering is why she can not leave the country with the visa. She said she's been told it will be "5 or 10 years" but doesn't seem to know, or didn't tell me, the details. I know nothing about 245i.
Is there a a way to speed up the wait time? I mean, her family is all here in the US, but she misses Mexico.

Can someone point me to something I can read to help me understand this?

I don't know much, and she doesn't know I'm asking, but I just thought I'd see if I can give her any info at all... Thanks.

[Laura]

D - what do you mean she has a "visa" because of 245i? 245i usually means that a person who EWI could adjust a status because they have an old petition filed. But if she can't leave the U.S., maybe she means she could adjust under 245i if she married or something? That would explain why she can't leave... maybe a sibling or someone petitioned her years ago but a visa number isn't available to her yet? If that is the case, it would make sense, because she can't leave without losing her eligibility for that...

[Laura]

How about family-based AOS for the forum? I think that is right...

[aleful]

Dorothea,
Unfortunatly that's what happens when a petition is filed under the 245i, she cannot leave until she gets her GC. It's not a visa, but a petition filed for her, maybe a sibling or a parent. For Mexicans it takes longer than other countries and there is nothing one can do to speed up the process. Se has to wait until her priority date is available and there is a visa available to adjust status.

It is not only for EWI, but also people who entered legally but overstayed, like me.

[Dorothea]

Thanks both of you for the help!
Yeah, I wasn't sure if it was an actual visa, but she said the word (because it's the word we all mistakenly use so much!) so I wrote it. I assume her parents filed for her.
That stinks that the wait can be so long. I guess I wont get her hopes up by telling her I have smart friends :)
Laura, thanks for the move also!