married son of us citizen

[chanda]

Hi everyone,
Please try to help me in my situation,

-My aunt file for my mom,dad and me back in 1995(I was under 21 on that time)
-That file open in 2007 and they came in US in 2007 (they get Green Card)
-I came in US in 2005 on H1B visa (my visa expired in 2007)
-Since 2007 I am overstayed in US
-I get married in 2009 (my wife is overstayed too)
-Now my mom and dad is US Citizen (feb 2012)

My question is that Do i eligible to change my status and apply for Green Card under section 245i, if I am then what are the legal procedure for that ?

[mtouch]

Hi everyone,
Please try to help me in my situation,

-My aunt file for my mom,dad and me back in 1995(I was under 21 on that time)
-That file open in 2007 and they came in US in 2007 (they get Green Card)
-I came in US in 2005 on H1B visa (my visa expired in 2007)
-Since 2007 I am overstayed in US
-I get married in 2009 (my wife is overstayed too)
-Now my mom and dad is US Citizen (feb 2012)

My question is that Do i eligible to change my status and apply for Green Card under section 245i, if I am then what are the legal procedure for that ?

Has anybody filed a new petition for you ? What category? When?

[chanda]

very first Thanks for reply,

Nope, no one file any petition for me but while my aunt file for my mom back in 1995 she filed seprately i130 as a unmarried son under 21 which is still panding, even while my parents file open in 2007 my parents maintain my name in all forms but they never sent any documents for me (guess because i was already in us and even in 2007 I was unmarried)

[mtouch]

very first Thanks for reply,

Nope, no one file any petition for me but while my aunt file for my mom back in 1995 she filed seprately i130 as a unmarried son under 21 which is still panding, even while my parents file open in 2007 my parents maintain my name in all forms but they never sent any documents for me (guess because i was already in us and even in 2007 I was unmarried)

You cannot avail of section 245i if there is no petition for you. You cannot use the 1995 petition to adjust status. Read here:

What Is Section 245(i) of the Act?

Section 245(i) of the Act (8 U.S.C. 1255(i)) allows certain aliens with an immigrant visa immediately available to them to apply to adjust
status upon payment of a $1,000 surcharge, even though the alien entered the United States without inspection or does not meet the maintenance of status and authorized employment requirements of section 245(c) of the Act (8 U.S.C. 1255(c)). Section 245(i) of the Act does not excuse any grounds of inadmissibility under section 212(a) of the Act (8 U.S.C. 1182(a)).