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AOS through 245(i)

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  • AOS through 245(i)

    Good Morning

    I am looking for advice as I am scared of being sent back to my country.

    I EWI in 1999. I was married at a very young age - arranged marriage. My ex husband was a USC and filed for me, which was approved. However, we got divorce shortly after and we never saw or heard from each other again. I am now married to a United States citizen. We have a baby. We filed for adjustment of status through the 245i act using my prior approved petition.

    At my AOS interview (Holtsville, NY), the immigration officer was very nice. He asked for our baby's original birth certificate, which we produce. Then he said, 'are you aware that your ex husband withdraw your approval?' At that moment I was speechless and quietly said "no". He ask what are the grounds now to go on with this application - I told him that I was present in the united states before Dec, 2000, and showed him my proof. He looked at it, then he asked for proof that we are living together, we gave him our tax return. Interview last for about 5-10 minutes.

    He walked us out and he informed us that they will make a decision and mailed it to us.


    I am afraid that because the first petition was withdrawn, my AOS would not be approved. It has been pass two weeks and I have not heard from USCIS.

  • #2
    INA 245(i) doesn't require that the original petition be valid or even approved; it just requires that it be "approvable when filed". Even if the petition was abandoned, withdrawn, or denied for a reason that only came up after filing, the petition could still have been "approvable when filed". In your case, the petition was actually approved, so obviously it was approvable when filed. Actually, whether it's "withdrawn" or not makes no difference, as the petition cannot be used for you to immigrate anyway as you are no longer married to that person (so it is effectively "withdrawn" anyway). That doesn't affect your grandfathering for 245(i).

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you Newacct - after the interview I did some research on 245i. I am just curious why immigration office ask what were my grounds now that it was withdrawn. I would think he would know I'm still grandfathered. Hoping for the best and thanks again. 😊

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