IS IT TRUE

[Aurelius 1]

Can an EWI person adjust thier status while being in the U.S. also this person has an approved I-130 application that was filed back on 27 April 01. i thought that once you have an approval i-130, an EWI was covered under 245(I). Any help and thoughts are welcome.

[riblet 0]

I'm not really familiar with this issue, but I googled a bit, and found this link which seemed to be somewhat informative:

http://www.immigrationgroup.com/CM/Custom/...tionFAQs.asp#11

Good luck.

Can an EWI person adjust thier status while being in the U.S. also this person has an approved I-130 application that was filed back on 27 April 01. i thought that once you have an approval i-130, an EWI was covered under 245(I). Any help and thoughts are welcome.

[kitkat1 5]

This is definitely a topic for a lawyer to address - you should try to attend attorney Laurel Scott's free chat on Wednesday mornings at 11:00 CST - www.visacentral.net

In the meantime,

According to INA §245(a), the status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if:

• the alien makes an application for such adjustment,
  
• the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
  
• an immigrant visa is immediately available to him at the time his application is filed.
  

It looks to me like AOS would not be available not only due to the EWI but also because the visa was not available at the time the application was filed.

Hopefully Laurel can clarify for you.