Questions about 245i and AOS interview

[kinu4real 0]

Hello All,

I hope someone will be able to help out and explain in details if i would have problems or not.My brother filed for me in April 2001 and my receipt date was on or before April 30th 2001 so i qualify for the 2451(Grandfathered). My Case was sent to NVC after i became current and thereafter i called to do AOS and my case was transferred back to USCIS, now my question is this..... I entered the US on a tourist Visa in 1996 and have been living here since then but i left in 2000 for 2wks, also left in July 2002 to get married and came back after a month, so have i lost my grandfathered status for leaving briefly in 2002 and will i have problems during interview?. EAD already approved and received but yet to be called for interview and was just curious. Pls anyone wt good advice will be highly appreciated.

Thanks All.

[aleful 1,905]

Hello All,

I hope someone will be able to help out and explain in details if i would have problems or not.My brother filed for me in April 2001 and my receipt date was on or before April 30th 2001 so i qualify for the 2451(Grandfathered). My Case was sent to NVC after i became current and thereafter i called to do AOS and my case was transferred back to USCIS, now my question is this..... I entered the US on a tourist Visa in 1996 and have been living here since then but i left in 2000 for 2wks, also left in July 2002 to get married and came back after a month, so have i lost my grandfathered status for leaving briefly in 2002 and will i have problems during interview?. EAD already approved and received but yet to be called for interview and was just curious. Pls anyone wt good advice will be highly appreciated.

Thanks All.

sorry to say that you aren't covered anymore. You shouldn't have left. you can't leave until you get your GC. I can't tell you what will happen.

I was approved under the 245i law but never left. I don't know if anyone who left has been approved in spite of it. But you should know that you could be denied.

[kinu4real 0]

Hello All,

I asked this same question couple of days ago and didn't get the desired answer cos only one person responded to the thread and this time hope someone will be able to help out and explain in details if i would have problems or not.My brother filed for me in April 2001 and my receipt date was on or before April 30th 2001 so i qualify for the 2451(Grandfathered). My Case was sent to NVC after i became current and thereafter i called to do AOS and my case was transferred back to USCIS, now my question is this..... I entered the US on a tourist Visa in 1996 and have been living here since then but i left in 2000 for 2wks, also left in July 2002 to get married and came back after a month, so have i lost my grandfathered status for leaving briefly in 2002 and will i have problems during interview?. EAD already approved and received but yet to be called for interview and was just curious. Pls anyone wt good advice will be highly appreciated.

Thanks All.

[canadian_wife 1,818]

Contact Laural Scott scottimmigration.net. She offers free immigration chats on Wednesdays, that will be the best route to answers you seek

Good luck

[Boiler 45,360]

On what basis did you and your spouse enter in 2002?

[SunDrop 59]

Moving from K-1 Process and Procedures to AOS from family based, unless OP confirms other status.

[Brother Hesekiel 2,236]

Yes.

You triggered a 10-year bar which is in place until 2012. You will also need an I-601 waiver. Not sure how you managed to enter the US again, but the entry stamps in your passport will tell the story.

Wild guess on my part: you are a Canadian.

[JimVaPhuong 4,863]

Bob is correct. Your eligibility under 245(i) never expires, but you triggered a ban by leaving the US.

Is your spouse also in the US, and are they also currently without lawful presence? Did you include your spouse as a derivative, and file an AOS petition for them as well? If so then you told USCIS everything they need to know by submitting your foreign marriage certificate. They would know you left the US, triggered the ban, and are currently inadmissible because the ban. Your AOS would be denied for that reason.

[kinu4real 0]

Hello Every one. Hope Y'all had a wonderful Xmas and New Yr. I have a quick question from any experienced member. My Brother filed for me and i have an interview for month end and was wondering if he has to be there with me as the petitioner cos the letter for interview did not state he has to be there but my lawyer says he has to. Pls advise cos i don't want him wasting his money to fly down from Arizona where he works if he does not have to be there.

Thanks.

[YuAndDan 153]

Nope, petitioner does not need to be at an interview for a family member.

Only thing you should bring from petitioner would be an I-864 affidavit of support and copies of financial evidence.

Consulates sometimes only require petitioner at an interview for a spouse, or a small child (son/daughter of petitioner)

[rodceasar 34]

Did you inquire from the lawyer, why he said your brother has to be there? This may shed more light on things...

[kinu4real 0]

THANKS FOR THE REPLIES SO FAR. BY THE WAY I NEED TO ADD THIS IS AN ADJUSTMENT OF STATUS INTERVIEW AND DON'T HAVE TO GO TO THE CONSULATE OVERSEAS AND NOPE THE LAWYER DID NOT GIVE ANY CONCRETE REASON WHY HE HAS TO BE THERE OTHER THAN IT'S GOOD FOR HIM TO BE THERE.

[YuAndDan 153]

THANKS FOR THE REPLIES SO FAR. BY THE WAY I NEED TO ADD THIS IS AN ADJUSTMENT OF STATUS INTERVIEW AND DON'T HAVE TO GO TO THE CONSULATE OVERSEAS AND NOPE THE LAWYER DID NOT GIVE ANY CONCRETE REASON WHY HE HAS TO BE THERE OTHER THAN IT'S GOOD FOR HIM TO BE THERE.

My big question how do you adjust status based on a petition that will not result is a visa under the unlimited class as in Visa number being immediately available? Siblings fall under family forth pref (F4), visa numbers are not immediately available, they wait years to get a number.

http://www.uscis.gov/files/form/i-485instr.pdf

Moving to AOS forum..

Edited January 4, 2011 by YuAndDan

[kinu4real 0]

I posted the below question some few hours ago and it was moved out of the forum cos someone believes they know all without asking questions. The summary is, my brother filed for me back in April 2001 and the petition was approved in March 2009 and sent to NVC. Visa became available in August 2010 and i called NVC to Adjust status and petition sent back to USCIS. Now could someone with an answer please help on the below question.

Thanks.

Hello Every one. Hope Y'all had a wonderful Xmas and New Yr. I have a quick question from any experienced member. My Brother filed for me and i have an interview for month end and was wondering if he has to be there with me as the petitioner cos the letter for interview did not state he has to be there but my lawyer says he has to. Pls advise cos i don't want him wasting his money to fly down from Arizona where he works if he does not have to be there.

Thanks.

[rodceasar 34]

Did you inquire from your attorney, why he suggests the petitioner be present? Usually petitioner does not need to be there, however there might be reasons why the attorney has stated that...