Recent marriage to Illegal Immigrant eligible for 245 I Life Act

[Matt]

Just got off the phone with the NCIS help desk and I am perplexed. I need help - below is background info and then my question.

My wife is an illegal from Mexico. She entered illegally before 2000 and luckily her brother, who is a US citizen, filed a I 130 several months before the April 30, 2001 deadline for 245 I eligibility. Recently, she married me, a US citizen by birth.

Apparently, talking to the NCIS, my wife is eligible to open a I 485 application. However, they tell me she must wait until the priority date is current (which will be in 2008 or something) and her 245 I eligibility only pertains to her brothers case. For me, the husband, to sponser her for a green card I must open another completely independent application for which she will have no 245 I eligibility, will have to go back to Mexico, etc....

I am perplexed becouse a respected immigration counselling service in NY tells me it will be no problem, pay them their fee, they will fill out the forms and she should have green card in 9-10 months. Perfect! Of course, they charge alot of money to do the forms that I can do myself.

My question is - who is right here? If I pay the counselling service will it at be in vain? If I, the husband fill out I 485 and use the 245 I eligibility will it be in vain? Should I go hide under a rock and yell loudly

[csingh]

Needn't do anything so drastic.......

If I were you, I'd go with the law firm (especially since you say they are a respected firm); you'd be surprised how many times the NCIS help desk gets their facts wrong...

Good Luck!

[Legalaid]

245i

Matt, you should certainly use a legal professional to aid you in this process, it isnt as easy as just filling out forms, especially if filing under 245i. Your wife is eligible under 245i as a result of her brother filing the I-130 timely. That established a priority date for her. You can now sponsor her for a green card, she will get it within 9-12 months time if you do everything correctly. She can also get a work permit and social security card within 90 days.

[PhilAda]

Please help me

Good day i am wondering if you can help me out. You see i entered the united states last June 2004 and was about to stay for good since my mom filed a petition for me under 245-I and she's also a nurse petitioned by her hospital. I was working already and have switched lawyers from my mom to my employer's lawyer when we learned that my mom's lawyer did not file her requirement papers before April 2001. My mom found a paper saying that she submitted her requirement before the said date but her lawyer told her that she may have submitted the papers but she might not have paid for the fees before the deadline and wants my mom to find the receipt that she did so. My mom could have sworn she did everything the lawyer had asked her because i remember before that she was so excited for us to go in the US and she's working her butt off real hard so she can pay the fees but we can't find the receipt though. I got there in a tourist visa and the lawyer is already processing my papers when that happened. I was granted 6months stay from my visa, it expired last december 2004. My lawyer filed an extension of stay and i was granted another 6 months and that ends at june 2005 but i overstayed for 3months and finally went home at September 2005. My question is am i still eligible for petition after what had happened? I mean its the lawyer's fault. What should i do?

[curiousone]

Good day i am wondering if you can help me out. You see i entered the united states last June 2004 and was about to stay for good since my mom filed a petition for me under 245-I and she's also a nurse petitioned by her hospital. I was working already and have switched lawyers from my mom to my employer's lawyer when we learned that my mom's lawyer did not file her requirement papers before April 2001. My mom found a paper saying that she submitted her requirement before the said date but her lawyer told her that she may have submitted the papers but she might not have paid for the fees before the deadline and wants my mom to find the receipt that she did so. My mom could have sworn she did everything the lawyer had asked her because i remember before that she was so excited for us to go in the US and she's working her butt off real hard so she can pay the fees but we can't find the receipt though. I got there in a tourist visa and the lawyer is already processing my papers when that happened. I was granted 6months stay from my visa, it expired last december 2004. My lawyer filed an extension of stay and i was granted another 6 months and that ends at june 2005 but i overstayed for 3months and finally went home at September 2005. My question is am i still eligible for petition after what had happened? I mean its the lawyer's fault. What should i do?

why would your mom file under 245 (i) if you had avalid visa and entered legally?

[PhilAda]

Follow-up for please help me

She use to be an illegal alien. When the 245-I was passed she made the move of applying for immigrant status and took the privilege of taking the NCLEX as well in which she passed. She then filed a petition for me way before the deadline for 245-I. What should i do? I was the only one left behind i love my family and i want to be with them. They're my home.

[curiousone]

She use to be an illegal alien. When the 245-I was passed she made the move of applying for immigrant status and took the privilege of taking the NCLEX as well in which she passed. She then filed a petition for me way before the deadline for 245-I. What should i do? I was the only one left behind i love my family and i want to be with them. They're my home.

We're talking about two different petitions. Someone had to have filed a petition for your mother under 245(i) because she was illegal and so ineligible to adjust her status without 245(i)...............that still does not explain why she needed to file a petition for you under 245 (i) if you entered only in 2004, two years after April 30, 2001 and you entered legally. 245 (i) allows people who have a I 130 petition pending prior to April 30, 2001 to file a I-485 (adjustemnt of status) application and adjust their status in the US when they would have ordinarily otherwise be ineligible to do so because they entered illegally or have overstayed.

I'm still not sure what is your mothers status. Are you saying that she had a petition but that her lawyer did not meet the deadline? I'm really not clear on what youre saying. Were you in the States Dec 2000 and April 30, 2001?

[PhilAda]

Please help me

she was petitioned by her sister. She took the NCLEX then which she passed, the place she was working at filed a petition for her as well and had me as a dependent for the petition and yes there's two different petitions involved

[curiousone]

she was petitioned by her sister. She took the NCLEX then which she passed, the place she was working at filed a petition for her as well and had me as a dependent for the petition and yes there's two different petitions involved

If the attorney did not file your mom's petition on time to make her eligible to adjust under 245(1) then she would , if everyhting else is okay, get the I-130 approved but would be treated as any other applicant who fell outside the eligibility created by 245(1) which would mean that she would have to leave the US to get the immigrant visa at the Embassy in her home country.
She would be denied and then would have to file a waiver.

Even though its her lawyers fault she would most likely not get any relief .......coincidentally its the same situation that a friend of mine had that brought me to this site looking for help. I neevr got any here but have spoken to a few experienced attorneys since then......and was told that because there is no right to an attorney in immigration matters (unlike in criminal law) when the attorney messes up, the BIA is very very reluctant to reopen cases based on ineffective assistance of counsel. And in order to proceed with such a case, you would first, at the minimum, have to report the attorney to the BAR.

Howeevr you mentioned that her sister as well as employer petiitoned for her. When was each petition filed and what is the last info she received from USCIS ?