Just married, how do I get my green card?

[mayrads 1]

Okay so here's my scenario:

My mom and I entered illegally to US when I was young, her brother (my uncle) filed 245-I for her and I (me being the derivative benificiary) before April 2000. It's been twelve years and our paperwork is still being processed, and have no status (still illegal).

Im 20yrs old and just got married to USC, I was hoping for the Dream Act but that is out of the question. So I want to know, now that I'm married what paperwork do I need to send in? And if I'm right, because of the 245-I I should be able to adjust status without having to leave the country? I'm new to immigration and paperwork and have no clue where to start.

[mayrads 1]

Oh forgot, that the 245-I was filed with I-130 by my uncle

[Hypnos 6,578]

Not sure what you mean by 245-I. Perhaps you mean Section 245(i) of the Immigration and Nationality Act which denotes how foreign nationals can apply to register as permanent residents?

By entered illegally I assume you mean you entered without inspection (EWI). You are unfortunately not able to adjust status based on marriage to a USC (which ordinarily would forgive both overstay and work without authorisation) since by EWI you have no status to adjust from.

[Harpa Timsah 13,258]

There was amnesty and people who have an immigrant petition filed before 2001 can adjust after an EWI. That is the 245i she is referring to. It is rather complicated, so I don't know any more details.

[Hypnos 6,578]

I vaguely remember that after some googling around about it.

I thought it required a legal entry though, and EWI ruled it out. Hopefully someone more knowledgeable than I can chime in.

[aleful 1,905]

Okay so here's my scenario:

My mom and I entered illegally to US when I was young, her brother (my uncle) filed 245-I for her and I (me being the derivative benificiary) before April 2000. It's been twelve years and our paperwork is still being processed, and have no status (still illegal).

Im 20yrs old and just got married to USC, I was hoping for the Dream Act but that is out of the question. So I want to know, now that I'm married what paperwork do I need to send in? And if I'm right, because of the 245-I I should be able to adjust status without having to leave the country? I'm new to immigration and paperwork and have no clue where to start.

you would need the copy of the original i130 filed by your uncle, showing that you were a derivative of your mom's petition. also with the adjustment of status packet you will need to file the i485A and pay the $1000 fine and show proof that you entered in country by December 21st, 2000.

[Harpa Timsah 13,258]

I vaguely remember that after some googling around about it.

I thought it required a legal entry though, and EWI ruled it out. Hopefully someone more knowledgeable than I can chime in.

No, the whole point is to allow EWIs to adjust. It's an old(ish) law... like I said, petitions filed prior to 2001.

[Lizbeth2012 0]

Im in the same situation as you? What have you file so far? Can you let me know I feel a bit lost....

[B_G 0]

if you are not really sure, you should find an immigration attorney. Some of them provide consultants with free of charges.

[mayrads 1]

Thanks to everyone who has replied to this post sorry that I have not replied but I have been doing a lot of research and have yet to start my process.

This is what I have so far;

because I was grandfather into section 245(i) benefits when my uncle filed for my mom before Dec21,2000., I am indeed eligible for AOS in the US. Therefore when my husband files a I-130 for me I will send in a I-485 AOS petition along with I-485A petition which corresponds to filing under 245(i) which has a $1,000 fee.

If I'm correct, a I-765 employment authorization petition can also be filed along with I-130&I-485?, but I'm nervous about sending in so many forms at once....

should I send all four (I-130,I-485,I-485a,I-765) forms at once and do I send them together?

I feel like I'm ready to send in my petition forms but I don't know if i should send in separate packets, we're doing this process ourselves because my husband and I don't have the money to hire an immigration attorney to essentially fill out forms. I know they are professionals but I can say we have a good feel for what we're doing and what we're sending in

I would appreciate if anyone would enlighten us about the 1-765, and how our packet(s) should be sent in. Thank you so much!

[Harpa Timsah 13,258]

You send all of the forms together; yes. There are more forms too, such as a I-864 Affidavit of Support and a medical exam filled out by a Civil Surgeon. You must send it all together in the same package. Here is the VJ Guide: http://www.visajourney.com/content/i130guide2

[NigeriaorBust 4,087]

Im in the same situation as you? What have you file so far? Can you let me know I feel a bit lost....

Do you have an immigration petition filed for you prior to 2001 ? That is the only way the whole thing works. No prior petition , no path forward.

[Lizbeth2012 0]

I do have a petition filed before April 30, 2001.... I submitted all required paperwork and received my packet back stating, my priority date was not yet current. I did all the paperwork myself, wondering if I filed something incorrectly......:/