Visa Lawyer Blog

Articles Posted in 245i

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For this series, we bring you our top tips for filing the perfect family-based adjustment of status application (I-130/485), as well as valuable tips concerning common mistakes to avoid when filing the adjustment of status application, from our in-house family-based legal assistant, Ms. Reagan Volkman. Ms. Volkman has worked with hundreds of clients from all over the world helping them file their adjustment of status packages from beginning to end. With her hard work and dedication, our office has enjoyed an unprecedented approval rate for these petitions.

Tip #1 Ensure accuracy on every form associated with the I-130/485, especially in regards to questions relating to criminal history and/or immigration violations

  • Double check every form to ensure that you have completed each form as thoroughly and accurately as possible, making sure all dates and social security numbers are correct.

REMEMBER: Dates should be written in the (mm/dd/yyyy) format unless otherwise stated on each form;

  • If information is unavailable/not applicable, note such on each form;
  • Review all the yes and no questions listed on pages 3-5 of form I-485. Be very careful when answering these questions and thoroughly explain any “yes” answers. These questions relate to criminal history and immigration violations (such as fraud, willful representation, or removal from the United States);
  • It is strongly advised that you seek counsel from an accredited attorney if you have any criminal history and/or have committed any immigration violations, as these issues may require you to file a waiver before seeking adjustment of status, or make you inadmissible;
  • If you have served in the military in any foreign country and/or have military training you must answer “yes” and provide the relevant information requested. For countries that require military enlistment we recommend to note that the service was ‘mandatory’ in the description;
  • If you have held a J-1 visa in the past, and have been subject to the two-year foreign residence requirement, but did not obtain a waiver, you must answer “yes” and provide the relevant information requested;

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In this blog we are answering 5 of your most frequently asked questions received on our social media platforms and our website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance while you embark on your immigration journey. If you have any further questions, please call our office for a free legal consultation. We serve international clients and domestic clients in all 50 states. We thank you for your continued trust in our law office.

Qualifying for 245i and Adjustment of Status

Q: My ex-husband filed an adjustment of status application on my behalf based on 245i. We separated before we received our initial interview appointment and later divorced. I have since remarried. Can my husband apply for my permanent residence now that we are married?

A: Thank you for your question. Certain individuals who have a qualifying relative willing to file an immigrant visa petition on their behalf, are eligible to adjust their status under 245i Immigration and Nationality Act if they entered the country without inspection (unlawfully) and were the beneficiary of a visa petition or application for labor certification filed on specific dates outline below. Before proceeding with a new green card application, you should make sure you qualify for 245i and have all of the necessary documents to prove your eligibility. 245i applicants must provide documented evidence of their physical presence in the United States and evidence that the visa petition or application for labor certification was filed on their behalf by providing the receipt notice of the petition also known as the I-797 Notice of Action.

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By Lupe Lopez

Rosario and her son Alan came into our office a few weeks ago.  Rosario had entered the country without inspection (illegal entry) many years ago.  Her son Alan was born in the United States and just turned 21.  They came in hoping that Alan would be able to help his mother obtain her green card.

We asked Rosario the usual questions.  When and how did you enter the U.S.?  Have you ever been detained or deported?  Have you committed any crimes in the U.S. or in your country?  The list goes on.  We first need to determine if Rosario will be admissible to the U.S. before we begin any paperwork.

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