Not file I-751 but will get 10 yrs CG

[lucyrich 20]

The problem I see is what possible "status" is the alien adjusting from? You have to have some sort of non-immigrant status. In my mind she has no status and most likely is in "removal"....

That's the part I don't understand with this route.

It makes no sense to me either.... she has no status for the new I-485 ... I think that route is doomed

You don't need status in order to adjust via an I-485. INA 245(a) just says The status of an alien who was inspected and admitted or paroled into the United States ... may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

The only requirement regarding current status is that the alien must have been inspected and admitted or paroled. Someone who entered without inspection is ineligible to adjust status, but someone who entered legally is potentially eligible, even if they have no current status.

This case is like any other out-of-status alien who came in legally but allowed status to expire, including the case of a K-1 or K-3 alien who filed their I-485 more than 91 days after entry. Those people don't have status either, but can adjust.

Now, if removal proceedings had started against the alien due to the tardy I-751, there might be some issues to deal with there, I don't know. But on the face of it, this sounds like a reasonable strategy.

[korat2michigan 0]

Update my friend's case.

1 yr late to file I-751...so her lawyer suggested her to file other forms.

The beginning of December (maybe 1st), the lawyer filed forms as follows ;- I -130 ,I- 485, I- 765

December 7,09.......She got the notice for those 3 forms from USCIS said they received them.

January 11, 10.......She got the finger print appointment letter.

January 25, 10.......Fingerprint!! The officer found out that she filed the wrong form (not I-751). They discussed about this with the supervisor and he said the same thing. They said she had to file I-751 and do not pay more to the lawyer 'til it's fixed! Go back and talk to the lawyer. ( She hasn't talked to him yet.)They let her have fingerprint and photo today because she got a letter notice.

January 26,10.......While her head was still spinning around, she got the interview appointment letter in the next day!!...for the completion of your Application to Register Permanent Residence or Adjust Status (Form I-485)

February 5, 10.......She received Employment Authorization Card by mail.

March 9,10.......Interview day and all went well. They took her 2 yrs GC and EA card.

March 16,10.......She got the letter confirmation that her case has been approved and 10 GC will arrive within 3 weeks.

March 16, 10.......Received 10 yrs GC in the mail.

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Thank you for all supports and comments.

Edited March 30, 2010 by korat2michigan

[korat2michigan 0]

Correct the day she got the 10 yrs GC....

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March 19, 10.......Received 10 yrs GC in the mail.

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[Brother Hesekiel 2,236]

Yo, Paprika,

this is an older thread, but her status was LPR. She entered legally and she's out of status now, just like a B2, or whatever. She can file for AOS from the beginning like she never had filed before without problems.