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lengygf
lengygf

OK. I'm tired of seeing people using affirmative words to describe something that is currently completely unknown. " ... congress WILL pass the CIR in xxx..." " .... VB WILL move fast in xxx" "....

Visa Grant
Visa Grant

Congrats Uday..Your PD is current as per October Visa Bulletin....Has NVC Contacted You for the next steps?

Visa Grant
Visa Grant

*************************************************************** Uday Did you call NVC(603-334-0700) and provide them the email address for the beneficiary and petitioner? If not, do it right away..

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

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Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Hello to all. I would like to know if anyone here has qualified under 245(i) after travelling outside the US and returning? Your response is greatly appreciated

what you are asking is not possible Under the added change to Section 245(i). If the immigrant leaves the USA then he/she would NOT be allowed to return, therefore will not be able to Adjust Status. IF the immigrant CAN obtain any type of visa then 245(i) would allow the person to adjust status.

hope this helped

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

princegreen Newbie

princegreen   0

Posted
Filed: Country: Jamaica
 Timeline
Posted

what you are asking is not possible Under the added change to Section 245(i). If the immigrant leaves the USA then he/she would NOT be allowed to return, therefore will not be able to Adjust Status. IF the immigrant CAN obtain any type of visa then 245(i) would allow the person to adjust status.

hope this helped

Thanks for your response. The immigrant has returned to the US on a visa, and subsequently overstayed. Can he still adjust status and claim 254(i) protection?

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Thanks for your response. The immigrant has returned to the US on a visa, and subsequently overstayed. Can he still adjust status and claim 254(i) protection?

If the petition is still active.. and the immigrant still in the USA then yes - the person can adjust status based on the application. The immigrant would need to prove that he/she was in the USA at the time the law was changed and the file was submitted before the cut off date.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

princegreen Newbie

princegreen   0

Posted
Filed: Country: Jamaica
 Timeline
Posted

If the petition is still active.. and the immigrant still in the USA then yes - the person can adjust status based on the application. The immigrant would need to prove that he/she was in the USA at the time the law was changed and the file was submitted before the cut off date.

Yes immigrant is in the US, file submitted before cut off date, and abble to prove presence on date. However, does the fact that they travelled outside the US after submitting the petition affect the case negatively?

 
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