family based immigration and 245(i) questions

[rauf]

Hello all, i'm new to this wonderful community. i have a couple of question regarding my sister who entered in the us legally in Aug 2000 on B2 and has been staying here since then. Her US citizen sister filed I-130 for her in Feb 2001 so she is eligible for 245(i). Her I-130 is approved and date is current now. My questions are:

- I understand she needs to file I-485, I-485A, 864, 765, G325A and I-693. Is that correct?

- Since her address changed, should she also file AR-11. She has moved a couple of times since coming here but not filed AR-11 before. Should she list these addresses in G325A? COuld that be a problem?

- Could giving out here current address be a problem as she is out of status? Could she be removed even if her petition is pending.

- For proof of residence in Dec 2001 she has her I-94 which was stamped in Aug 2000, a driving permit issued in Sept 2001, some correspondence with a US company dated Nov 2000 and her minor child's school certificate dated Dec 2000. We can't think of anything else she can use. Do you think these will suffice?

- What does she check in Part B of I-485A Supplement, (c) I am in unlawful immigration status because I remained in the US past the expiration of the period of my lawful admission or
(d) I have failed (except thru no fault of my own or for tech reasons) to maintain, continuously, lawful status ?

- In I-765, what should she indicate as her current status in Item 15 and the eligibility category in Item 16?

- What does she fill for the A number for her (now 14 yo) child who is applying with her as a dependent?

- She is being sponsored by her sister alone. Should she fill the individual income of her sister in questions 23 and 25 of I-864 although her sister filed joint tax return with her husband.

- My sister's husband was also present in the US in Dec 2000. However, he had a separate immigration petition that was denied and he took voluntary deportation back in 2006. Could he apply for counselor processing with her although he may be subject to the 10 yr bar.

- Do you think she should get a lawyer to file her case, i.e. it's complicated.

I have asked a lot of questions. Please answer as many questions as you can. It will be of great help.

[daru786]

Hello all, i'm new to this wonderful community. i have a couple of question regarding my sister who entered in the us legally in Aug 2000 on B2 and has been staying here since then. Her US citizen sister filed I-130 for her in Feb 2001 so she is eligible for 245(i). Her I-130 is approved and date is current now. My questions are:

- I understand she needs to file I-485, I-485A, 864, 765, G325A and I-693. Is that correct?

- Since her address changed, should she also file AR-11. She has moved a couple of times since coming here but not filed AR-11 before. Should she list these addresses in G325A? COuld that be a problem?

- Could giving out here current address be a problem as she is out of status? Could she be removed even if her petition is pending.

- For proof of residence in Dec 2001 she has her I-94 which was stamped in Aug 2000, a driving permit issued in Sept 2001, some correspondence with a US company dated Nov 2000 and her minor child's school certificate dated Dec 2000. We can't think of anything else she can use. Do you think these will suffice?

- What does she check in Part B of I-485A Supplement, (c) I am in unlawful immigration status because I remained in the US past the expiration of the period of my lawful admission or
(d) I have failed (except thru no fault of my own or for tech reasons) to maintain, continuously, lawful status ?

- In I-765, what should she indicate as her current status in Item 15 and the eligibility category in Item 16?

- What does she fill for the A number for her (now 14 yo) child who is applying with her as a dependent?
On the form I-485a, part b, section 1, choose b.


- She is being sponsored by her sister alone. Should she fill the individual income of her sister in questions 23 and 25 of I-864 although her sister filed joint tax return with her husband.

- My sister's husband was also present in the US in Dec 2000. However, he had a separate immigration petition that was denied and he took voluntary deportation back in 2006. Could he apply for counselor processing with her although he may be subject to the 10 yr bar.

- Do you think she should get a lawyer to file her case, i.e. it's complicated.

I have asked a lot of questions. Please answer as many questions as you can. It will be of great help.

Her case is pretty simple and I don't think she needs services of an attorney. Her priority date is current so she needs to go ahead and apply. Her daughter qualifies also. You don't need to change addresses now, while filling the forms, use her true and correct address. She is protected under 245i so no chance of deportation. About her husband, did he receive a bar/ban when he left in 2006?
The petitioner (your other sister) needs to file the I-864. If her income is not enough, the petitioner's husband can file an I-864a, provided he is a US citizen.
About the proofs, she needs to prove that she was present in US on or around DECEMBER 21, 2000, (do not confuse it with year 2001).
Your sister's husband is a derivative beneficiary so he does not need to prove his presence on December 2000.
If your sister or her daughter was never issued an Alien number, you leave it blank.
For I485a, part B Section 2, she marks c and d. If she has accepted employment then she marks b also. Part B, section 1, she marks b.

DO NOT I REPEAT DO NOT LIE, THEY KNOW EVERYTHING OR THEY WILL FIND EVERYTHING. REMEMBER SHE IS PROTECTED UNDER 245I SO NOTHING TO WORRY ABOUT HER STATUS OR EMPLOYMENT. MAKE SURE YOU DISCLOSE IF HAS EVER COMMITTED AND CRIME, FELONY OR MIS DEMEANOR.

Check your private message, I will e-mail you the list of documents/proofs you need.

Everything will be fine, Insha Allah!

God Bless!

[rauf]

Thanks a lot for all the info. We met an immigration attorney yesterday and got the same info in a consultation session. Now I'm convinced that we can submit the application ourselves. One thing I'm not clear about is whether to include my sister's husband (who would be a derivative beneficiary of the I-130) in the I-864 although he's not gonna adjust status now. My other sister (the sponsor) has enough income to sponsor him as well. The lawyer told us that we could file a waiver (from the 10 yr bar) for him after my sister gets the green card (or citizenship?). I think the bar kicks in automatically if you overstay for more than a year, doesn't it. He went in for "special" registration and got screwed.

[daru786]

Thanks a lot for all the info. We met an immigration attorney yesterday and got the same info in a consultation session. Now I'm convinced that we can submit the application ourselves. One thing I'm not clear about is whether to include my sister's husband (who would be a derivative beneficiary of the I-130) in the I-864 although he's not gonna adjust status now. My other sister (the sponsor) has enough income to sponsor him as well. The lawyer told us that we could file a waiver (from the 10 yr bar) for him after my sister gets the green card (or citizenship?). I think the bar kicks in automatically if you overstay for more than a year, doesn't it. He went in for "special" registration and got screwed.

How long was he here in un-lawful status?

[daru786]

It gets a little technical here for her husband. Your sister will get her US passport after five years once she is issued a GC.
245i is a very good opportunity, work on it to see if you can bring him here. Waiver of bans are under extreme hardship, and that is a milestone to achieve.
Was your brother in law told about his ban?

[rauf]

He was here in Dec 2000 and left in 2006. He was told that if he is deported involuntarily he will be barred from reentry for 10 years. Therefore, he went voluntarily. However, a lawyer told us that a 10 yr bar applies to him regardless due to overstay. Would 245i apply to him if he were present here today even if he was deported?

[daru786]

If you are barred then nothing can be done. Say if he was and never left, 245i would have protected him.

You must get 2 or 3 more opinions from experienced lawyers for your brother in law. You already have information for your sister and your niece so concentrate 100% on your brother in laws case. A lawyer may suggest you to get a FOIA so he can see if they did ban him from coming back here.

I have a friend who was deported in 2002 and now his I-130 is approved but he cannot come till he 10 year ban is completed. We were told that you can fight for removal of ban by showing extreme hardship.

Good Luck!