245(i) Question

[loken]

Hello.

Does a person qualify to file for 245(i) if:

- i-130 for her parents (by one of the parents' siblings in USA) were filed on 1990 (person was under 21 and unmarried at the time).
- Person got married around 1995
- Persons parents i-130 was approved and immigrated to USA around 2003.
- Person got H1-B and moved to USA (with family).
- Problems with correctly adjusting status to permanent resident and eventually H1-B expired. Due to various reasons, person decided to overstay in the USA. (This is around 2010).
- i-130 was filed for the person by one of person's (now, U.S. citizen parents)
- Person now accrued around 7 years overstay in USA

Can the person now file for 245(i) based on the initial application (on 1990) of i-130 for the person's parents? Is person still considered a derivative beneficiary?

Thanks

[inadmissible]

Hello.

Does a person qualify to file for 245(i) if:

- i-130 for her parents (by one of the parents' siblings in USA) were filed on 1990 (person was under 21 and unmarried at the time).
- i-130 was filed for the person by one of person's (now, U.S. citizen parents)
Can the person now file for 245(i) based on the initial application (on 1990) of i-130 for the person's parents? Is person still considered a derivative beneficiary?

If the alien relative petition for persons parent was approvable when filed, then person is a grandfathered derivative. If the alien relative petition for the person is now current, then they would qualify to apply for adjustment of status under INA245(i)

If this is the case, find a good attorney with 245i experience to guide you

[loken]

If the alien relative petition for persons parent was approvable when filed, then person is a grandfathered derivative. If the alien relative petition for the person is now current, then they would qualify to apply for adjustment of status under INA245(i)

If this is the case, find a good attorney with 245i experience to guide you

Hi, thank you for the reply. What does it mean for the "Alien relative petition" to be 'current'? The petition was approved around 2003 and the person's parents are now U.S. citizens (as a result, after being PR) - does this make the petition still current?

I'm not sure if this is related but is it the same as CSPA? I went on to their calculator but it says "ineligible for immigrant visa since child must "seek to acquire" permanent residence within one year of visa being available".

Thanks

[inadmissible]

You are over the age of 21. If you're still married, you'd be in the third family immigration preference; if not, you'd be in the first family immigration preference. Either way, you're not an immediate relative, because you are not under the age of 21. Alien relative petitions are current as soon as they are applied for immediate relatives. On the other hand, everyone else has to wait until an immigrant visa becomes available to them, a process that takes years

According to the most recent visa bulletin https://travel.state.gov/contenthttp...ober-2017.html

First preference is running 7 years for nationals of countries other than Mexico or Philippines
Third preference is running 12 years for nationals of countries other than Mexico or Philippines

This with respect to the alien relative petition filed by your US citizen parent for your benefit. The priority date is the date that petition was accepted for filing. What is that date? What country are you and your spouse from? This is unrelated to CSPA, which is only relevant if you have children, and determines if these children can adjust with you

- - - Updated - - -

You are over the age of 21. If you're still married, you'd be in the third family immigration preference; if not, you'd be in the first family immigration preference. Either way, you're not an immediate relative, because you are not under the age of 21. Alien relative petitions are current as soon as they are applied for immediate relatives. On the other hand, everyone else has to wait until an immigrant visa becomes available to them, a process that takes years

According to the most recent visa bulletin https://travel.state.gov/contenthttp...ober-2017.html

First preference is running 7 years for nationals of countries other than Mexico or Philippines
Third preference is running 12 years for nationals of countries other than Mexico or Philippines

This with respect to the alien relative petition filed by your US citizen parent for your benefit. The priority date is the date that petition was accepted for filing. What is that date? What country are you and your spouse from? This is unrelated to CSPA, which is only relevant if you have children, and determines if these children can adjust with you