Legal entry BUT unauthorized work. File i485 supplement A?

[DBC 0]

i-130

petitioner: 21 yr old USC son

beneficiary: B2 visa visitor overstay mother

i-485

applicant: beneficiary mentioned above and has worked unauthorized in the US

Given the scenario above, does my mom need to fill out form i-485 supplement A and pay the $1,000 fee?

Or just file form i-485 supplement A without the fee

Or ignore form i-485 supplement A and only give USCIS proof of legal entry.

[aleful 1,905]

i-130

petitioner: 21 yr old USC son

beneficiary: B2 visa visitor overstay mother

i-485

applicant: beneficiary mentioned above and has worked unauthorized in the US

Given the scenario above, does my mom need to fill out form i-485 supplement A and pay the $1,000 fee?

Or just file form i-485 supplement A without the fee

Or ignore form i-485 supplement A and only give USCIS proof of legal entry.

hi,

overstay is forgiven, no need for the fine. that form is only for family adjusting under the 245i law, meaning petitioned by April 30th. 2001.

[DBC 0]

hi,

overstay is forgiven, no need for the fine. that form is only for family adjusting under the 245i law, meaning petitioned by April 30th. 2001.

I'm guessing unauthorized work is forgiven as well.

I was concerned about this when they sent me a Request for Initial Evidence.

It requested proof of legal entry or a filled out i-485 supplement A.

[aleful 1,905]

I'm guessing unauthorized work is forgiven as well.

I was concerned about this when they sent me a Request for Initial Evidence.

It requested proof of legal entry or a filled out i-485 supplement A.

when you sent the adjustment of status packet, with the i130, did you send proof that she entered on a B2 visa? you had to send copy of the i94 and copies of the passport with the B2 visa, showing proof that she entered legally on a visitor visa.

[NancyNguyen 1,658]

IR-5 Visa Petition (USC Child sponsor Parents) overstaying and unauthorized work are NOT forgiven. She is not gonna be able to obtain a visa until the barred time is served.

Edited May 22, 2012 by NancyNguyen

[ceadsearc 516]

IR-5 Visa Petition (USC Child sponsor Parents) overstaying and unauthorized work are NOT forgiven. She is not gonna be able to obtain a visa until the barred time is served.

Not true, because they are adjusting from within the US, not outside for an IR-5. A parent is an immediate relative category and overstay and unauthorized work are forgiven when adjusting within the US. See I-485 instructions part 10, section F.

http://www.uscis.gov/files/form/i-485instr.pdf

Edited May 22, 2012 by ceadsearc

[DBC 0]

when you sent the adjustment of status packet, with the i130, did you send proof that she entered on a B2 visa? you had to send copy of the i94 and copies of the passport with the B2 visa, showing proof that she entered legally on a visitor visa.

She doesn't have an i94 because she entered the US in 1994.

Instead, she was handed form i-444. This is the old type of form i-94. It's stamped and indicates that the visitor is under B2 status.

I sent a copy of form i-444(proof of legal entry), but the document is in Spanish.

There were 2 envelopes in my package.

1 big envelope and one small envelope inside the big envelope.

The small envelope contained the i-444 along with a letter explaining that the i-444 is a similar form to the i-94.

A few days ago, we received a request for initial evidence demanding proof of legal entry or a filled out i-485 Supplement A.

My concern is that the i-444 was not sufficient proof of legal entry.

Or could it be that they wanted this i-444 translated to English? But they did not demanded a translation.

It's as if the i-444 was never regarded as proof of anything.

[engineer21 51]

She doesn't have an i94 because she entered the US in 1994.

Instead, she was handed form i-444. This is the old type of form i-94. It's stamped and indicates that the visitor is under B2 status.

I sent a copy of form i-444(proof of legal entry), but the document is in Spanish.

There were 2 envelopes in my package.

1 big envelope and one small envelope inside the big envelope.

The small envelope contained the i-444 along with a letter explaining that the i-444 is a similar form to the i-94.

A few days ago, we received a request for initial evidence demanding proof of legal entry or a filled out i-485 Supplement A.

My concern is that the i-444 was not sufficient proof of legal entry.

Or could it be that they wanted this i-444 translated to English? But they did not demanded a translation.

It's as if the i-444 was never regarded as proof of anything.

I got this same RFE letter requesting evidence of legal entry or to file the supplement A.

You don't want to file the supplement because then you would be admiting EWI which is not true in your case.

In my case, apparently I forgot to include the i-94 copy in my initial package.

In response to the RFE I sent the i-94 copy

But I also sent the passport page with my visa on it, the passport page that was stamped, my i-20 (also stamped), and my boarding pass which they also stamped.

Does she still have the passport she used to enter?

Does it have a page with the entry stamp on it?

If yes, I would send a copy of this page.

Send a copy of the passport page with the visa if she has that as well.

Yes, I would translate the i-444 to English and re-send the copy of it with the translation.

It is possible that they want it translated.

Because the i-485 instructions state that if you send any document in a foreign language, it must be accompanied with a translation.

But I would still try to send everything else she might have to prove legal entry.

Edited May 22, 2012 by engineer21

[Penguin_ie 6,002]

*** Moving from AOS from Family visa to AOS from Tourist visa ****

[grrrrreat 110]

i-130

petitioner: 21 yr old USC son

beneficiary: B2 visa visitor overstay mother

i-485

applicant: beneficiary mentioned above and has worked unauthorized in the US

Given the scenario above, does my mom need to fill out form i-485 supplement A and pay the $1,000 fee?

Or just file form i-485 supplement A without the fee

Or ignore form i-485 supplement A and only give USCIS proof of legal entry.

No, do not file I-485A. She doesn't need it and she isn't eligible for it because she was not the beneficiary of a petition filed before April 2001. I-485A is for aliens who are eligible under a special amnesty-type program.

You need to prove lawful entry into the U.S. If you sent a copy of the I-444, I would send another copy, but I would also collect other proof of lawful entry, such as stamps in the passport, old plane tickets, etc. Do not put it in a separate envelope--they may not have read it. And yes, you should translate it for USCIS even though it is a USCIS form.

Edited May 24, 2012 by grrrrreat

[Harpa Timsah 13,261]

Yes, and all documents not in English must be translated. It can't be counted if it is not translated. I would do that for sure, and try to add any other evidence you have, as suggested above.

ETA: I have not seen one of these, but this says that I-444 does not have any personal data on it. http://www.visalaw.com/97apr/7apr97.html

You will also need to prove that that is HER I-444 if there is not a name on it. Does she have any stamp in her passport or anything else?

Edited May 24, 2012 by Harpa Timsah

[gil-n-joy 1]

Hi. I have similar situation.

Petitioner: me, over 21 yrs old, naturalized citizen

Beneficiary: father, entered legally with work visa, overstayed & subsequently worked without authorization

Questions:

Did you file I-130 and I-485 at same time?

Did you need to file inadmissibility waiver? If yes, was it AFTER submission of I-130 & I-485?

Was working without authorization forgiven? Did USCIS inquire how parent was able to work without misrepresenting herself/himself as citizen?

Did you need to hire a lawyer? (I honestly don't trust immigration lawyers anymore)