245i AOS and multiple EWIs

[Salsa2]

A friend of ours is adjusting under 245i. He just had his interview here in Denver and has yet to be fingerprinted. He came to the US EWI, married a PR and applied before April '01 and so qualifies for processing under 245i.

However, he returned to Mexico a few years ago and was caught the first time he tried to re-enter and was photgraphed and fingerprinted. On the second attempt, he made it and is back in the US now.

I know that under current law multiple EWIs make you ineligible for a visa, is that true when processing under 245i? Will my friend be denied and deported once he is fingerprinted and they find out that he left and came back?

Thanks.

[Laura]

Yikes, that's a tough question. Probably a good one for Laurel's chat. I hope someone else knows though.

[Coventrated]

If you leave when adjusting status without advanced parole, you are considered to have abandoned your application.

So does the same apply in this case?

Do not know.

[China]

Wow I think that he wont be able to adjust status but who knows. I have a friend that is going thru the same step and she already send the whole package tio adjust status in the U.S. she just send them last week. Does anyone knows how long does it take to get a response like a reciept number or how long does it take to get fingerprinted and for kthe interview with an immigration person. Any answers will help for I could let her know. Thanks China friend is PR and her hubby enter US without inspection but file the I-130 before the deadline of the 245I

[USnoiva]

China, how long it takes depends on the office and even then it can vary.
We received NOA's for AOS within 2 weeks and had biometrics about 2 months later. You can see my timeline.

[elidyr]

Was the 245(i)extended?Or is there any hope that it will be?
Thanks,

[Laura]

No... definitely not extended, and no hope that it will be soon. It wasn't even discussed on the immigration bill that was proposed earlier in the summer.