Adjusting under 245i

[245ii 0]

Hello everyone,

I'm new here and I was hoping someone could help me with a couple of questions. I'm engaged to a USC, our wedding is next month and I want to submit all pertinent documentation for AOS without a lawyer. However my brother already went through the process and he did use one. I have a copy of the full package his lawyer submitted as a guide for my case since they are almost exactly the same. We (Mom, Brother and I) EWI in 2000. Thankfully my mother had an I-130 filed on her behalf by her USC brother before April, 30 2001. We are therefore covered under 245i. In my brother's package as part of the I-485 Supplement A he included proof of his physical presence in the US (school transcripts, medical records) However there is nothing that establishes my mother's presence in the country. I have read conflicting information on whether my mother's proof of presence is necessary. Also I think his lawyer made a mistake by submitting for I-131. He filed the form and received a work authorization card along with advance parole, however since we EWI wouldn't traveling trigger the 10 yr ban? Do I need to file I-131? Lastly am I making a mistake by not hiring a lawyer? In this and other forums I've read that most people adjusting under 245i are advised to use one. Thank you in advance for your help!

[MarcyLuis 2]

Hello everyone,

I'm new here and I was hoping someone could help me with a couple of questions. I'm engaged to a USC, our wedding is next month and I want to submit all pertinent documentation for AOS without a lawyer. However my brother already went through the process and he did use one. I have a copy of the full package his lawyer submitted as a guide for my case since they are almost exactly the same. We (Mom, Brother and I) EWI in 2000. Thankfully my mother had an I-130 filed on her behalf by her USC brother before April, 30 2001. We are therefore covered under 245i. In my brother's package as part of the I-485 Supplement A he included proof of his physical presence in the US (school transcripts, medical records) However there is nothing that establishes my mother's presence in the country. I have read conflicting information on whether my mother's proof of presence is necessary. Also I think his lawyer made a mistake by submitting for I-131. He filed the form and received a work authorization card along with advance parole, however since we EWI wouldn't traveling trigger the 10 yr ban? Do I need to file I-131? Lastly am I making a mistake by not hiring a lawyer? In this and other forums I've read that most people adjusting under 245i are advised to use one. Thank you in advance for your help!

My husband and I did the exact same thing. We followed a copy a lawyer submitted for his brother under 245(i). The only thing that is different is that he had an approved i-130 filed for him directly from his LPR mother. I'm not sure how it works if only your mother had an approved i-130, but if it worked for your bother then I don't think you should have a problem. I don't think its necessary to hire a lawyer unless you have something else that might affect your case. Many lawyers we went to told us we didn't qualify to adjust status anyways and we haven't had any problems so far. As far as the proof of being in the united states, we didn't have to do that because his petition was filed in 1994. I would just advice you to do as much research as you can and submit as much evidence as you can. Also leaving the united states would trigger the ban, so I would not file for the AP. Good luck.

[JimVaPhuong 4,863]

Hello everyone,

I'm new here and I was hoping someone could help me with a couple of questions. I'm engaged to a USC, our wedding is next month and I want to submit all pertinent documentation for AOS without a lawyer. However my brother already went through the process and he did use one. I have a copy of the full package his lawyer submitted as a guide for my case since they are almost exactly the same. We (Mom, Brother and I) EWI in 2000. Thankfully my mother had an I-130 filed on her behalf by her USC brother before April, 30 2001. We are therefore covered under 245i. In my brother's package as part of the I-485 Supplement A he included proof of his physical presence in the US (school transcripts, medical records) However there is nothing that establishes my mother's presence in the country. I have read conflicting information on whether my mother's proof of presence is necessary. Also I think his lawyer made a mistake by submitting for I-131. He filed the form and received a work authorization card along with advance parole, however since we EWI wouldn't traveling trigger the 10 yr ban? Do I need to file I-131? Lastly am I making a mistake by not hiring a lawyer? In this and other forums I've read that most people adjusting under 245i are advised to use one. Thank you in advance for your help!

You don't have to prove your mother was present in the US. You only need to prove that you were covered by the I-130 that was filed for her.

You're free to submit the I-131, but don't expect to be able to use the AP. You will receive a ban if you leave before getting the green card. It's not the EWI that would trigger the ban, but the fact that you have more than one year of unlawful presence. Since you can't use the AP then there's no point in submitting the I-131.

Most 245(i) cases are pretty straightforward. You should be able to do this without a lawyer. Do your homework, and be sure to focus on anything that might be different between your case and your brother's case.

[245ii 0]

Thank you so much to all for your input and best of luck with your cases!