USC Sister petitions Sister under 245(i) sending out I-485 package

[ninaetmilo 0]

Hi,

My mother is a USC petitioning for her sister. I am very grateful for any details on my questions below, or any additional information you consider helpful.

My aunt's I-130 was originally filed in April 2010, which has just become current. I am in the process of Adjusting her Status with the I-485(including I-693). She is covered under the I-485 (i), and should be able to stay in the US. I have been told that there is a forgiveness letter that needs to be submitted as well? Is this true?

In addition, my aunt's application includes her husband and two sons. I have filed out the I-325a, I-485(+I-693 from doctor) and I-765 for each. Do they need to fill out the I-485(i)? I wonder if her two sons need to pay the I-485 (i) fee, or may they be exempt since they were very young when they arrived - 5 & 6 receptively. The two boys have only attended school, and never worked.

My mother has filed out the I-864, and my father is serving as a joint sponsor with the I-864a.

My understanding is that it is all mailed together in the same packet to USCIS, PO BOX 805887, Chicago, IL 60680-4120 (USPS).

I believe it might be best to have separate checks for each of the applicants? Is there a cover letter sample already for sending out this group of forms?

Any additional information is appreciated. All information is helpful. Thanks!

[ninaetmilo 0]

When i wrote 485 (i) above I meant 245 (i)......sorry

Do they need to fill out the 245(i)? I wonder if her two sons need to pay the 245(i) fee,

Hi,

My mother is a USC petitioning for her sister. I am very grateful for any details on my questions below, or any additional information you consider helpful.

My aunt's I-130 was originally filed in April 2010, which has just become current. I am in the process of Adjusting her Status with the I-485(including I-693). She is covered under the I-485 (i), and should be able to stay in the US. I have been told that there is a forgiveness letter that needs to be submitted as well? Is this true?

In addition, my aunt's application includes her husband and two sons. I have filed out the I-325a, I-485(+I-693 from doctor) and I-765 for each. Do they need to fill out the I-485(i)? I wonder if her two sons need to pay the I-485 (i) fee, or may they be exempt since they were very young when they arrived - 5 & 6 receptively. The two boys have only attended school, and never worked.

My mother has filed out the I-864, and my father is serving as a joint sponsor with the I-864a.

My understanding is that it is all mailed together in the same packet to USCIS, PO BOX 805887, Chicago, IL 60680-4120 (USPS).

I believe it might be best to have separate checks for each of the applicants? Is there a cover letter sample already for sending out this group of forms?

Any additional information is appreciated. All information is helpful. Thanks!

[john_and_marlene 162]

If you are thinking that the sister will be forgiven for overstaying while waiting for the priority date to become current, you are mistaken. For immediate family members of USCs, an overstay will not be reason enough for denial of an adjustment of status. However, for everyone else (not an immediate relative of a USC) the overstay will absolutely cause a denial of adjustment. Siblings are not included in this definition of immediate relative.

[ninaetmilo 0]

I have been reading up on the 245(i), and under this law sisters are forgiven but must pay $$ for overstaying if their priority date is before Apr. 30, 2001 and the petitioner is a USC.

If you are thinking that the sister will be forgiven for overstaying while waiting for the priority date to become current, you are mistaken. For immediate family members of USCs, an overstay will not be reason enough for denial of an adjustment of status. However, for everyone else (not an immediate relative of a USC) the overstay will absolutely cause a denial of adjustment. Siblings are not included in this definition of immediate relative.

[john_and_marlene 162]

My aunt's I-130 was originally filed in April 2010, which has just become current.

I guess it would have made more sense if you had put that the I-130 was originally filed in 2001 rather than 2010.

[ninaetmilo 0]

You are completely right. my error, I meant 2001. Thanks for the catch.

I guess it would have made more sense if you had put that the I-130 was originally filed in 2001 rather than 2010.

[aleful 1,905]

Hi,

My mother is a USC petitioning for her sister. I am very grateful for any details on my questions below, or any additional information you consider helpful.

My aunt's I-130 was originally filed in April 2010, which has just become current. I am in the process of Adjusting her Status with the I-485(including I-693). She is covered under the I-485 (i), and should be able to stay in the US. I have been told that there is a forgiveness letter that needs to be submitted as well? Is this true?

In addition, my aunt's application includes her husband and two sons. I have filed out the I-325a, I-485(+I-693 from doctor) and I-765 for each. Do they need to fill out the I-485(i)? I wonder if her two sons need to pay the I-485 (i) fee, or may they be exempt since they were very young when they arrived - 5 & 6 receptively. The two boys have only attended school, and never worked.

My mother has filed out the I-864, and my father is serving as a joint sponsor with the I-864a.

My understanding is that it is all mailed together in the same packet to USCIS, PO BOX 805887, Chicago, IL 60680-4120 (USPS).

I believe it might be best to have separate checks for each of the applicants? Is there a cover letter sample already for sending out this group of forms?

Any additional information is appreciated. All information is helpful. Thanks!

I imagine that your aunt was in the country by December 2000? she will have to proove that.

It is one adjustment packet for each person. There is no forgivenss letter, but they all have to pay the $1000 fine if over 16. in each packet they have to include the i485A, aparte from the mentioned forms,

in each packet, the forms are i485, i485A, i864, i864A if she needs a co-sponsor, i765, G235A, i693 medical and vaccinations, and 2 passport photos per person. plus all the documents and checks.

how old are the children now?

[ninaetmilo 0]

They are 16 & 18.

By G235a- did you mean 325a?

Yes, she was in here before 2000, and has proof such as entry card, bank accounts, driver licenses, school records, medical records.

Thanks!

I imagine that your aunt was in the country by December 2000? she will have to proove that.

It is one adjustment packet for each person. There is no forgivenss letter, but they all have to pay the $1000 fine if over 16. in each packet they have to include the i485A, aparte from the mentioned forms,

in each packet, the forms are i485, i485A, i864, i864A if she needs a co-sponsor, i765, G235A, i693 medical and vaccinations, and 2 passport photos per person. plus all the documents and checks.

how old are the children now?

[aleful 1,905]

They are 16 & 18.

By G235a- did you mean 325a?

Yes, she was in here before 2000, and has proof such as entry card, bank accounts, driver licenses, school records, medical records.

Thanks!

yes sorry,

then they won't have a problem because they are under 21, the 16 year old doesn't have to pay the $1000 fine, so he won't need the i485A, but the 18 year old will.

just in case they ask for it, advise her to take copies of school records for the kids, even though she is the only one that has to proove that she was in country by 2000, I have seen that in interviews they ask for the kids school records, to proove they have been living here in the US.

tell her to take as much proof as she can, just in case. It doesn't hurt.

[ninaetmilo 0]

yes sorry,

then they won't have a problem because they are under 21, the 16 year old doesn't have to pay the $1000 fine, so he won't need the i485A, but the 18 year old will.

just in case they ask for it, advise her to take copies of school records for the kids, even though she is the only one that has to proove that she was in country by 2000, I have seen that in interviews they ask for the kids school records, to proove they have been living here in the US.

tell her to take as much proof as she can, just in case. It doesn't hurt.

Thanks for your help. She has all the school records, medical records, everything possible ready. We are just waiting at this point for the biometrics letter, and possibly an interview. It would be nice not to have to go to an interview, but its not a big deal. I have heard of cases that aren't called in for interviews. I am not exactly sure if this is true.

yes sorry,

then they won't have a problem because they are under 21, the 16 year old doesn't have to pay the $1000 fine, so he won't need the i485A, but the 18 year old will.

just in case they ask for it, advise her to take copies of school records for the kids, even though she is the only one that has to proove that she was in country by 2000, I have seen that in interviews they ask for the kids school records, to proove they have been living here in the US.

tell her to take as much proof as she can, just in case. It doesn't hurt.

Thanks for your help. She has all the school records, medical records, everything possible ready. We are just waiting at this point for the biometrics letter, and possibly an interview. It would be nice not to have to go to an interview, but its not a big deal. I have heard of cases that aren't called in for interviews. I am not exactly sure if this is true.