issue with 245i status

[silvex]

Hi, I have a question regarding my application. Back in 7/10/98, my wife and I were approved for I-140. My wife was the beneficiary. We submitted all the proper documentations, including 245i penalties of $1,000 each. In 2006, we were denied for some financial reasons which was ridiculous.

Recently, my son became a US Citizen and my wife and I were able to file for adjustment of status again. However, we did not submit a I-485A. We received a request for initial evidence requesting proof of 245i and the surcharge fee of $1,000.

This won't be a problem as we have copies of the approved I-140 back from 1998.

My question is: Do we need to pay the 245i penalties all over again? That is an extra $2,000. As it was a long time ago, we do not have the Receipts anymore for the initial payments but we do have copies of the I-765 (Employment Authorization) that we received back then.

How can we respond back to the USCIS and avoid paying the 245i penalty?

Or do we have to pay it again?

Thank you in advance.

[BigJoe5]

Print out the first page of instructions for form I-485A and highlight the section that exempts you from filing it and from paying the fee as a parent of a USC who initially eneterd lawfully.

Make your case in your response.

[silvex]

It seems that I HAVE to file I-485A because i originally entered the US without inspection back in 1998.

But do i have to pay the penalty again?

[BigJoe5]

I think you just answered your own question. You do not meet both of the two parts required for an exemption.

[silvex]

but my original question was if i have to pay the $1,000 penalty all over again? even if i already did back in 1999?

[daru786]

but my original question was if i have to pay the $1,000 penalty all over again? even if i already did back in 1999?

If you want to save your money, send it out without the $1000.oo and if they will have an issue with that, they will reject your application and will tell you to re-submit with additional fees.