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My mom and I both applied to AOS, she did on Feb 2016 and I did on April 2016.
Original petition was in 1995. Used 245 Law & I-130 approved. This case was eventually denied but the I-130 had been approved.
timeline: MOM.
Feb 22, 2016 Case priority
April 23, received EAD
June 5, 2016 Interview
Aug 11, I-130 approved
Aug 16, Green Card mailed.
Note: She was unlawfully in the country while she did the AOS but had entered the country with an I-94 in 1998. This meant that the original illegal entry (from 1989) was waived. The 245i extended to her case based on her original case that involved the payment of the "illegal entry penalty" in 1995. So the fee was waived for the new case and only the legal entry was counted because of the advance parole. Bueno, suerte amigos!!
Notes: If you are applying and are unlawfully in the country, you should look up information regarding the waiver of the "Bar" and find out if you have any I-130 petition prior Jan 1998. The 245 law, allowed you to pay a fine and AOS with USC prior to 1998 when it was taken out of law. The 245-I is an extension of the 245 that gives you means to Adjust in the country while unlawfully here provided you pay the fine of $1,000 and prove of the original Petition like the Case number or A# or I94 form.
Original petition was in 1995. Used 245 Law & I-130 approved. This case was eventually denied but the I-130 had been approved.
timeline: MOM.
Feb 22, 2016 Case priority
April 23, received EAD
June 5, 2016 Interview
Aug 11, I-130 approved
Aug 16, Green Card mailed.
Note: She was unlawfully in the country while she did the AOS but had entered the country with an I-94 in 1998. This meant that the original illegal entry (from 1989) was waived. The 245i extended to her case based on her original case that involved the payment of the "illegal entry penalty" in 1995. So the fee was waived for the new case and only the legal entry was counted because of the advance parole. Bueno, suerte amigos!!
Notes: If you are applying and are unlawfully in the country, you should look up information regarding the waiver of the "Bar" and find out if you have any I-130 petition prior Jan 1998. The 245 law, allowed you to pay a fine and AOS with USC prior to 1998 when it was taken out of law. The 245-I is an extension of the 245 that gives you means to Adjust in the country while unlawfully here provided you pay the fine of $1,000 and prove of the original Petition like the Case number or A# or I94 form.
