i-485 via 245i Not Required?

[michcio07]

Hi All,

I'd like to just check if I need to file i-485 Supplement A known as 245i. My current situation:
Married to US Citizen.
Currently hold Daca.
Came to the US in 2003 and overstayed the B2 Visa.

Cheers!

[newacct]

No. You do not need 245(i). You are eligible for Adjustment of Status as is, since you are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) and you entered legally. Being out of status has no effect for Adjustment of Status in the Immediate Relative category. (And you wouldn't be eligible for 245(i) anyway, unless you are the beneficiary of a petition filed before 2001.)

[michcio07]

thanks