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View Full Version : I need clarification!!! plz help!!


Lane
12-20-2007, 06:23 AM
Hey everyone,

when I feel like I have a handle on this immigration thing something new comes up and slaps me in the face. Here is some background information about me. I came at the age of 7 on a b1/b2 visa. My father married my step mom when I was 20 years old so since I was over 18 years of age she could not petition for me. Right now i'm 21 y/o. Currently my father is a temp resident of the US and he should recieve his LPR sometime next year.

I'm also part of another forum and well I got some news that shocked me, I looked up the information and did my own research and it seems to me that they are on point. It has come to my attention that since I dont qaulify under 245i, when my father becomes a LPR and then a USC, when he petitions for me I will not be able to adjust my status in the states because I dont fall under 245i, this is what I was informed:

§245 of the immigration law allows persons to become permanent residents without leaving the U.S. through a process called "adjustment of status". Generally, persons who entered the U.S. without being inspected by an INS officer, who have ever been unlawfully employed in the U.S. or who failed to always maintain lawful status in the U.S. are barred from adjusting their status in the U.S. (There are certain exceptions to the last two bars for "immediate relatives" of U.S. citizens and for certain EB applicants.)


I guess my question to you guys is, is there anyway around this? is there something I might be missing? Is my only option immigration reform, dreamact or marriage? can someone plz help me? Im really overwhelmed about this, it just seems like the wall keeps getting higher and higher everytime I try to climb it.

aleful
12-20-2007, 10:24 AM
Lane,
I think I've written to you in the other formum if it is UNIvision.
Unfortunatly, it's true and there is no way around it. Immigration wants family members over 21 to adjust in their own countries, these are spouses of residentes, children over 21 and sibilings of USC. I had the blessing to be covered under the 245i. My mom a USC sponsored me in 1999 so I was able to adjust in the US, but sponsorship filed after April 30th, 2001 must leave the country, unless one of the three things you mentioned happen. If you leave, you will have the ban of 10 years of not being able to come to the US. The ban starts as soon as you leave.
TAKE CARE

Laura
12-20-2007, 03:12 PM
Lane - I thought we had this conversation a while back and determined that someone who had entered on a visa and overstayed could adjust in the U.S. through a parent. I'm not sure though. Maybe you could ask Laurel Scott in her free chat next Wednesday to be sure (visacentral.net).

The fact that you entered on a visa does give you an advantage even though you don't have 245i eligibility. If you marry a USC, rather than adjust through your father, you can definitely adjust in the U.S. without leaving.

If you do have to leave the U.S., you will have a 10-year bar, but your dad will be able to file a waiver on your behalf, so not all hope is lost. The wait for a visa number in your case is very, very long anyway...