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Am I supposed to file 245(i) or not?

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  • Am I supposed to file 245(i) or not?

    Hi everyone -

    My Info:

    _Out-of-Status F-1 Visa case & over 21yrs of age
    _I-130 was filed back in 02/2001 (LPR parent) & approved in 12/07 (parent become a USC in 2005)
    _I-485 & I-765 filed in 01/2008
    _FP processed in 02/2008
    _Awaiting EAD, first?

    My question is... to my understanding, I'm supposed to file I-485 Supplement A under Section 245(i) provision & pay the $1k fee/fine (even if I'm the child of a USC, over 21), right?

    I recently question the paralegal who helped file the package if we should have also send in that Supplement A & he said no since my petitioner is a USC (parent). After reading thru the provision again, I should file b/c I "failed to maintain continuously lawful presence" (& also worked without permission, as well).

    Am I right about all this? If so, would this delay both the I-765 & I-485, or just the I-485?
    What should I do... go ahead & send it in with the money or wait until RFE?

    All responses are appreciated

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