Need An Advice, Please

[geminis99]

Me and my family came from South America on april 2001 with a tourist visa and decided to stay , my mother in law is an american citizen and made the request for us back in 99, so we have a consular process pending, but we would like to make the AOS here instead of going back to our country.
Our priority date is march 99, we're getting closer and we would like to be sure we're doing things right, one lawyer said we won't be able to make it and another said that it was Ok, what do you think?
Thank you in advance for your answer.

[yandresyuk]

on what basis are you here right now? What visa? Did you come in as tourists or what? This information will help in answering your question

[geminis99]

Yes, we came with a tourist visa for 6 months on april 2001, we've been here since then.

[yandresyuk]

Well, you are very lucky that your mother-in-law petitioned for you in 1999, because you will be allowed to adjust your status under 245(i) without leaving the country despite all your unlawful presence

[geminis99]

Thank you for your time Yandresuk, do you think we'll be ok despite the fact that we came on 2001?

[curiousone]

Well, you are very lucky that your mother-in-law petitioned for you in 1999, because you will be allowed to adjust your status under 245(i) without leaving the country despite all your unlawful presence

I could be confusing it with another piece of legislation but isnt there a requirement for physical presence in the US Dec 2000...to avail oneself of the 245(1) benefit?

[geminis99]

That's what I'm concern about, I think it's the 245 and I won't be eligible for that, what are my chances?

[curiousone]

That's what I'm concern about, I think it's the 245 and I won't be eligible for that, what are my chances?

I havent checked to see if in fact that requirement is there but i think so. However, its a fatcual qustion which means if you werent here on that date ( assuming Im right about that) then you cant use that provision to adjust here. They will simply check your I-194 records. If Im wrong then you are able to adjust by filing the 1_485.

[geminis99]

Do you think I have another option besides going back to my country? I have a daughter who was born here and I've been paying my taxes for 3 years now, does it help at all?
thanks for your help