Citizen mother over 21 approved by nvc overstaying visa

[Debbie M 0]

My mother I'll law submit a petiticion 130/2007 approved 07/13/2010 

citizen mother to 21 year old. Nvc send approved letter ask to procede with documents. Question it's We came in 1999 November overstay visa. On April 2001 my husband submitted a petition labor they received documents but never proceed with my employer . We lost documents, lawyer said he no longer have those documents when file. We have 16 year old who was born here and the other 21 with deferred action. If we proceed to send the documents but we don't have the 245i documents do we have to go back to our country for evverstaying the visa or not? 

Thanks 

[Hypnos 6,578]

If you're trying to do a 245(i) adjustment, the applicant would need to be the beneficiary (including a derivative beneficiary) of an approved I-130 or I-140 that was filed on or before 30th April, 2001.

Edited June 13, 2017 by Hypnos

[Debbie M 0]

mostly my question it's if my mother in law as a citizen we overstay the visa do we need the 245I so we don't get the 10 years bar or we don't need it cuz she send the 130 on 2007. My understanding was that we don't need it because our entry was legal, but now they are saying it's just valid to immediate relatives, and we are not cuz he was over 21 years old when they file the petition.

 

[Hypnos 6,578]

Only immediate relatives can adjust status after entering legally but then overstaying a nonimmigrant visa. 

[Debbie M 0]

so then for sure we need the 245I document  to avoid the 10 years