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  • Question about 245i

    I read on the page about the the Life Act that:

    NOTE: There are some groups that may not be affected by any deadlines related to Section 245(i). The spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age if he/she was inspected and lawfully admitted to the United States, but subsequently over stayed his/her authorized admission or worked without permission, does not need to apply for adjustment of status under Section 245(i).

    Regarding the parent of a U.S. citizen child, does this mean the parents are not affected by 245i if the child turns 21 after the parents' lawful admittance and subsequent overstay? Or does this mean that the child had to be 21 years of age at the time of the parents' lawful admittance?

  • #2
    The 21 yrs is relevant only because USC children needs to be 21 and over to file for their parents. Once the parents were inspected, then as immediate relatives of the USC , they can remain here and adjust. They USC child just needs to be 21 at the date of filing, even if they werent when the parents entered.

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    • #3
      Thank you.

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