F1 case complete and waiting for visa # availability

[Roger_CR 3]

Anybody adjusting status (waiting for GC) here in USA?

[NevermindVz 51]

I'm in the US and might be adjusting status (AOS). However, if the cut-off dates keep moving slowly, there's a chance I might have to leave and do consular processing instead.

[Roger_CR 3]

I'm in the US and might be adjusting status (AOS). However, if the cut-off dates keep moving slowly, there's a chance I might have to leave and do consular processing instead.

Why do you have to leave?? Are you following the process to complete case?

[NevermindVz 51]

Well, you can only be in the country on a work or student visa for a limited amount of time. So after that expires I will have to leave. Hopefully my priority date will become current before that

[Roger_CR 3]

Well, you can only be in the country on a work or student visa for a limited amount of time. So after that expires I will have to leave. Hopefully my priority date will become current before that

I see.... Well I'm under 245i law and will be able to adjust status without leaving the country!!! Good luck!!!

[loudoff 25]

I am also in U.S. and will do the adjustment of status under 245i as well.

[Roger_CR 3]

I am also in U.S. and will do the adjustment of status under 245i as well.

That's good!!! Not many people qualify nowdays under that law....

[sony2001 7]

Could you please tell a little bit more about AOS under 245i law as you guys mentioned,my son is in USA.Thanks

[loudoff 25]

I think the below links will give you a short and easy explanations of section 245i. There are many websites provide more detailed information about this law which you can search online. The below links are just examples of them.

http://immigrationvoice.org/wiki/index.php/245%28I%29

http://www.legallanguage.com/legal-articles/section-245i/

[sony2001 7]

Thanks a lot,looks like it is just for a immediate relatives only.

[loudoff 25]

Not really, the law provides the benefits to certain groups of people as appeared below:

"Am I eligible for Section 245(i) adjustment of status under the LIFE Act?

A3. To be eligible, you must:

Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) or

Be the beneficiary of an application for labor certification filed with the Department of Labor (DOL) according to DOL rules on or before April 30, 2001, and

Also have been physically present in the United States on December 21, 2000, if the qualifying visa petition or labor certification application was filed after January 14, 1998.

All petitions and applications must be properly filed and approvable when filed.

NOTE: There are some groups that may not be affected by any deadlines related to Section 245(i). The spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age if he/she was inspected and lawfully admitted to the United States, but subsequently overstayed his/her authorized admission or worked without permission, does not need to apply for adjustment of status under Section 245(i). Also, certain persons who are eligible for certain employment-based immigrant visas and who were inspected and lawfully admitted to the United States, but have not violated their status or worked without permission for more than 180 days, do not have to apply for adjustment of status under Section 245(i)."

You can visit below website. Or consult an immigration attorney if you are not sure if you could benefit from this law.

http://www.uscis.gov/files/pressrelease/Section245ProvisionLIFEAct_032301.pdf

[sony2001 7]

Thanks loudoff for all your help.My questions now are: my son is a derivative not principal beneficiary of I30 petion that my brother in law filed for us,so is he able to AOS under 245i law as a derivative?But he went to USA 3 years ago on a tourist visa and overstayed,can he do AOS because of overstayed?Our petion was filed march 2001 and we are waiting just for visas to become available.Thanks for your advices.

[loudoff 25]

Hi Sony2001, it depends on your son age also if at the time his visa becomes available if he is still eligible and qualified for Child Age-Out Protection Act for which I am not familiar with and I do not want to give you bad advice. I would advice you to talk to an experience immigration attorney as soon as possible. Good luck!!

[Roger_CR 3]

Hi Sony2001, it depends on your son age also if at the time his visa becomes available if he is still eligible and qualified for Child Age-Out Protection Act for which I am not familiar with and I do not want to give you bad advice. I would advice you to talk to an experience immigration attorney as soon as possible. Good luck!!

Hey sony, that's exactly whay happened to me.... I was a derivate beneficiary of a perition by my dad's brother, and since f4 (brothers and sisters of USC) took like 12 years for visa to become available I aged out and I was rejected from the petition.....very unfair.... But at least thanks to that petition Im under 245i and now direct befeciary for F1 (mom became USC over a year ago)

[sony2001 7]

Roger_CR

My son is 21 will be 22 in August 2012 but by then I think visas for us will be available according to the monthly visa bulletin,how old were you when they rejected you from the petion,very unfair.Were you in US or in your country when that happened?Thanks