i-485 evidence & 245i

[hope4thefuture 0]

Hello,

My grandfather who is a permanent resident has petition for my grandmother, who is in the US. They have received an initial request for evidence. They ask for them to fill out an 245i. She has been in the US since the '90s with TPS while her husbands green card was recently approved. I am a bit at a lost as to how to fill out this form and need advice.They filed for two step process of getting adjusted for status last year. the i-30 application was approved and sent to the visa processing center. We then notified the visa center that they would be adjusting for permanent residency. We sent the i485 and then they sent us this form to fill out. Which option should we check? Part B question 1. Options are:

A. I am the beneficiary of visa petition filed on or before january 14, 1998

B. I am the beneficiary of visa petition filed on or before January 15 1998, and on or before April 30,2001

C. I am the beneficiary of visa petition filed on or before January 14 1998

D. I am the beneficiary of visa petition filed on or before January 15, 1998 and on or before april 30, 2001.

For question 2, they ask which categories she falls into:

She entered the us in 1989 with inspection but she never kept the paperwork for that so we have no proof of the inspection. She was unlawfully residing in the US up until 2001, when TPS was granted. So i believe the only category she falls into is "being admitted to the US in transit w/out a visa"

Part C, question 2: do any of the following describes you?

a. skip

b. you have continue maintained lawful immigration status in the US since november 5, 1986.

C. You are applying to adjust stats as the spouse or unmarried minor child or US citizen or parent of a US citizen child at least 21 years of age, and you were inspected and lawfully admitted to the United states.

I do believe b applies to her since she has had tps since 2001 but not so sure about c. However, it says that if she answered yes to any of these, that she does not need to file.

Any advice or help on this would be greatly appreciated.

[aleful 1,905]

hi

she cannot adjust status in the US if he is only a legal permanent resident. how did he get his GC and his wife didn't?

to be able to adjust status in the US, she must have been petitioned by someone before April 30th, 2001 and show proof that she was in the US by Dec 21st, 2000, under the 245i law

did someone previously file for her, a USC or LPR parent, a USC sibling, a previous spouse or employer. if not, then she doesn't qualify under the 245i law and she cannot send in the i485A, plus the $1000 fine and proof of being in the US by Dec, 2000

in that case, you grandfather should have sent the adjustment packet with copy of the petition made by or before April 30th, 2001, the fine and the evidence

what I don't understand is how did your grandfather get the GC and his wife didn't? you don't mention it

[hope4thefuture 0]

hi

she cannot adjust status in the US if he is only a legal permanent resident. how did he get his GC and his wife didn't?

to be able to adjust status in the US, she must have been petitioned by someone before April 30th, 2001 and show proof that she was in the US by Dec 21st, 2000, under the 245i law

did someone previously file for her, a USC or LPR parent, a USC sibling, a previous spouse or employer. if not, then she doesn't qualify under the 245i law and she cannot send in the i485A, plus the $1000 fine and proof of being in the US by Dec, 2000

in that case, you grandfather should have sent the adjustment packet with copy of the petition made by or before April 30th, 2001, the fine and the evidence

what I don't understand is how did your grandfather get the GC and his wife didn't? you don't mention it

Hello,

Well to my knowledge he was petition by his sister in 2001. He then had to exit the country in 2011 to be able to adjust for status. The paperwork that was submitted had my grandmothers information on it and even the judge that oversaw his case, told him that once his CG would be approved, so would his wife which I'm at a loss at this point as well. At this point I'm just trying to figure out how to help them. She's 65 years old and just wants to see her sisters one last time. I'm having them bring me all of their immigration papers to see what was submitted to a judge.

Do you have any other advice? I really appreciate your previous comment.

[Hypnos 6,578]

Find a good immigration lawyer; you are beyond the scope of a DIY forum.

[Pitaya 2,577]

Find a good immigration lawyer; you are beyond the scope of a DIY forum.

Good advice.

[aleful 1,905]

hi

ditto, it's a complicated case that needs a good attorney