AOS from TN: Taxes and 245i

[Rantes 1]

Hello all,

I have a couple of questions regarding AOS. A bit of background: Grand-ma pettitioned for mom on July 6, 1993, my brother and I were in application (derivatives). Grand-ma was LPR and became USC on or about Dic 1999. Mom and brother became LPRs on or about Nov 2001 through consulate (F1 category) and later USC on Nov 2010. I had aged out when they became LPRs, however, I entered as F1 student, then became H1B and now are TN.

I now hear about 245i and the requerements for it. I sureley satisfy the pettition requirement and dont have to prove I was in the US soil on Dec 21 2000. The second condition to be meet seems to require the infringment or breach of a set of regulations (see I-485 Supplemet A). This is where I become confused. I simply cannot admit to any of these. None of the advise I have got seems to answer solidly weather I should file under 245i or not. The best I got goes like this: Proceed with the AOS, attach the I-485 Supplemet A but leave the infringment part unanswered, attach penalty fee eventhough you are not admiting to any infringment listed for INA 245i and hope the Attorney General undestands once he looks at the case. It seems to me there is a risk involved here. And that is that the Attorney general might interpret as me taking advantage of the 245i by not bein in vilation and that he may blunce all back and deny.

I come to you all in hope some of you may have had a close experience relating to the case described above and be kind enough to share your professional advise, personal advice and or experience.

The second question I have relates to the support affidavit. I have never married. Therefore the AOS process is being filled as single. Once held a long relationship with the mother of my children. I even put her down on my taxes as married filling jointly and got her an ITN#. In form I-864 (affidavit of support) my mom will become my sponsor. There is section where I can put my income down. Mom's taxes (sponsor's) will have to be included. Question is... What about mine? Should include them? Does the fact that someine else shows on them affect the AOS, eventhough I have never been married? Should I include them or not? should the W2 suffice? Please commet... I have explored I-864A, I-864W, I-864EZ and none of these fit the picture.

Thank you....

[aleful 1,905]

hi

has you mom or sibling filed a new petition for your? Mexican children over 21 take around 20 years if your mom filed for your or if your sibling is over 21, he or she can file for you, and it takes around 18 years of waiting for Mexicans

in the second place, you don't qualify for the 245i law, since your mom didn't adjust status under this law. to be covered under this law, your mom had to be a beneficiary of this law. she was the one who had to enter the country by Dec 21st, 2000 and a as your grandmother filed a petition for her in 1993, she would have adjusted status in the US had she been living here, by paying the fine, as well as your sibling.

but she went through consular processing and entered the country with a visa, she didn't adjust status in the US.

[Rantes 1]

Hello Aleful,

Well... I read your post. Seems that there is litle (close to none) evidence to support your statement - even on the USCIS web site and the INA sections for 245. Check out links bellow. Its interesting though, may you be king enough to provide the source of your conclusions? I could stand corrected... May you have a wonderful day Aleful - very interested on hearing from you. Thank you for posting...

<http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-7406.html>

<http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=6c6c3a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=6c6c3a4107083210VgnVCM100000082ca60aRCRD>

<http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&sqi=2&ved=0CDEQFjAB&url=http%3A%2F%2Fwww.uscis.gov%2Ffiles%2Fpressrelease%2FSection245ProvisionLIFEAct_032301.pdf&ei=HjxWUr3DOMqNqgGV-IGwDQ&usg=AFQjCNEmsB0R2j7jPzwNVWHjytXSXZJjHw&sig2=IHdODbWM_M549tGHCYQtzg&bvm=bv.53760139,d.eWU&cad=rja>

[aleful 1,905]

hi,

yes, it talks about being the beneficiary, you weren't a beneficiary, you were a derivative on your mother's petition, your mother was the beneficiary. the beneficiary is directly the person being petitioned. if the beneficiary is covered, the family is covered, such as spouses and children. and then even if you aged out, you can use your coverage under a new petition.

I adjusted under the 245i law. My mother, a USC filed a petition for me in 1999, my last arrival to the US was Dec 18, 2000, and never left the country. I paid the fine and became a LPR in 2005 and a USC in 2010. I waited 5 1/2 years in the US to obtain my GC. I overstayed my tourist visa and I had to pay the $1000 fine

to qualify for the 245i, the person who is being petitioned has to be in the US, that's why they created the law, for those undocumented in the US, like deferred action for dreamers now

so the person being petitioned had to be undocumented in the US, have a petition filed on their behalf on or by April 30th, 2001 and never left the country, and arrived to the country by Dec 21st, 2000

[aleful 1,905]

I was divorced, but if I would have been married with children, my spouse and children would have been covered under this law too, as derivatives of my petition

I was the beneficiary

In your case, your mother was the beneficiary, she wasn't here, she didn't enter the country by those dates, she was never undocumented, she didn't adjust status In the US. she went through consular processing.

this law did not apply to her.

[Rantes 1]

Hummm... Je vois...

I will attach the result of the searches. So far it can be described like this:

-If I proceed as a derivative, I have to prove Mom was here on Dec 21, 2000 under 245i. (question is how do you point out you are doing AOS as either derivative or principal - I did not saw this on the forms).

On the other hand: If I proceed and figure a way to frame the AOS as a principal. Then the burden is on me to prove I was here on Dec 21, 2000.

I have to talk to Mom for the former one. The later one I can prove easy with college records.

Thitrdly, I wonder if the former one can be framed as a follow to join... Thank you for pointing this out Aleful. I like bunnies too. I will post the sources in a litle while. thank you...

[Rantes 1]

Here are the links that make reference to what Aleful pointed out in the begining. One has to read very close to find those oblique references. Hopefully some one else may benefit from thsi information.

<https://cliniclegal.org/March2012/Newsletter/Eligibility>

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

<http://www.ilrc.org/files/chapter_01.pdf>

<http://www.fowlerwhite.com/when-publications-board-immigration-appeals.html>

<http://www.justice.gov/eoir/vll/intdec/vol25/3743.pdf>

This following one is confussing if you are not familiar.

<http://www.ailadownloads.org/seminars/seminar120717resources.pdf>

[Rantes 1]

Hummm I see now why you asked if there had been any other pettition put forth on my behalf. And there was.... About the time Mom became a LPR she filed another pettition for me. In this latter one I apper not as a derivative but as the principal and came through with a priority date of April 16,2002. Question is... how do I frame this to have the this second petition - where i am the principal - help me in terms of demonstrating my precence here on Dec 21 2000 rather than Mom? Or if it is possible to begin with...

[aleful 1,905]

Hummm I see now why you asked if there had been any other pettition put forth on my behalf. And there was.... About the time Mom became a LPR she filed another pettition for me. In this latter one I apper not as a derivative but as the principal and came through with a priority date of April 16,2002. Question is... how do I frame this to have the this second petition - where i am the principal - help me in terms of demonstrating my precence here on Dec 21 2000 rather than Mom? Or if it is possible to begin with...

hi,

you still aren't covered under the law, because the second petition had to be filed before April 30th, 2001. any petition after that goes through consular processing.

forget about this law, you cannot use this law to adjust status in this country.