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View Full Version : 245(i) -- MUST Read -- BIA Decisions -- Leaving U.S. will Disqualify


djones9714
12-01-2007, 03:42 AM
2 BIA Decisions -- very important for those trying to adjust status under 245(i) who left the U.S. and re-entered and tried to adjust status under 245(i).

http://www.usdoj.gov/eoir/vll/intdec/vol24/3591.pdf
http://www.usdoj.gov/eoir/vll/intdec/vol24/3590.pdf

These decisions basically talk about someone who entered the U.S. illegally; application was filed on their behalf (I-130 or I-140) before 4/30/2001 which qualified them for 245(i); they left the U.S. and then re-entered and are now trying to adjust status.

They are ineligible for 245(i) for adjustment of status without filing a waiver.