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part 2 of form I-485

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  • part 2 of form I-485

    Hello,

    I am planning to file a form i-485 through F2A category and confused with part 2 of the form. I am confused with part 2 item no 2, applying for adjustment of status under the INA section 245 (i). I don't know either I need to check "yes" or "no". Please let me know if you have any idea. I was petitioned by my wife under F2A category. Please let me know what should I fill in part 2 item no. 3, 4, 5, 6, 7, and 8.

  • #2
    I assume you entered with inspection, and this is the first immigrant petition ever filed for your benefit. In that case, "no", you are not filing for adjustment of status under INA245(i)

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    • #3
      If you don't know you're filing under 245(i), you probably aren't. 245(i) is a special provision where people who are unable to adjust status due to an illegal entry or being out of status, can still adjust status if they were once the beneficiary of a petition filed before 2001, and they file I-485 with an additional supplement with an extra $1000 fee. This applies to very few people, and the people who are using it know it.

      This is my personal opinion and is not to be construed as legal advice.

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