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My case is I-130 family based where my parents have recently become US citizen and they have petitioned for me 6 years ago. I have been on F1 visa for more than 10 years and have been working unauthorized for the past 2 years. I have recently learned that I am 245(i) qualified because a petition was filed for my father by my uncle in 1993 so I am qualified as a derivative.
Originally I wanted to file the 245(i) along with I-485, but my lawyer does not want to do that because she thinks it will complicate my case. She suggest that we only file the 245(i) when there is a RFE or if they asked me something during the interview. She thinks I should just file the I-485 normally without the 245(i).
Is my lawyer's approach correct or will it complicate my case unnecessarily? Because I am still worried that if they asked me about the unauthorized employment during the interview and if I haven't paid for the 245(i) will it still work during the interview?
Originally I wanted to file the 245(i) along with I-485, but my lawyer does not want to do that because she thinks it will complicate my case. She suggest that we only file the 245(i) when there is a RFE or if they asked me something during the interview. She thinks I should just file the I-485 normally without the 245(i).
Is my lawyer's approach correct or will it complicate my case unnecessarily? Because I am still worried that if they asked me about the unauthorized employment during the interview and if I haven't paid for the 245(i) will it still work during the interview?
