245i and AOS in USA?

[Visitor User 236]

Hello. If he (child) came here on a B1 Visa (6 months duration) with his Mother, later Overstayed. He had a Labor Certification filed on or before 4/30/01 as an adult while on Overstayed status. The petition was later withdrawn but it was approvable when filed. An I-130 petition was filed in 2011 by his USC Mother in the category of unmarried adult, 21+, I-130 approved in 2014. 

 

The Overstayed beneficiary would still be grandfathered under 245i and be able to AOS in USA correct?

 

Note: The beneficiary never left USA after the B1 Visa expired.

[aleful 1,905]

hi

 

it depends if immigration will approve the labor certification

 

his mom will have to  send copy of the approval of the labor certification , plus the i485A, the $1000 fine and proof that her son entered the country by Dec 21st 2000. It will totally depend if immigration accepts that he was grandfathered under the 245i law

 

 

Edited October 10, 2018 by aleful

[Visitor User 236]

11 hours ago, aleful said:

hi

 

it depends if immigration will approve the labor certification

 

his mom will have to  send copy of the approval of the labor certification , plus the i485A, the $1000 fine and proof that her son entered the country by Dec 21st 2000. It will totally depend if immigration accepts that he was grandfathered under the 245i law

 

 

You mean the officers at NBC?

[aleful 1,905]

hi

 

the officers that will receive the i485 when the time comes to send it

 

 

[Visitor User 236]

11 minutes ago, aleful said:

hi

 

the officers that will receive the i485 when the time comes to send it

 

 

It goes to NBC at Lee’s Summit, MO.

 

Send where?

Edited October 11, 2018 by Visitor User

[Visitor User 236]

Anyone?

[Visitor User 236]

On 10/10/2018 at 9:38 PM, aleful said:

hi

 

the officers that will receive the i485 when the time comes to send it

 

 

If an overstay person has a Labor Certification filed on or before 4/30/01 but was later withdrawn. It was ‘Approvable when filed’. 

 

Same person had another petition filed by his USC Mother in 2011 with a I-130 and that was approved. 

 

This means the beneficiary is still grandfathered under 245i and can adjust status in USA to permanent resident right? 

[Visitor User 236]

.

Edited November 5, 2018 by Visitor User

[aleful 1,905]

hi

 

just because the i130 doesn't mean anything, I don't know if they will accept the grandfathering because the petition was withdrawn.

 

 

[azblk 338]

On 10/10/2018 at 3:09 AM, Visitor User said:

Hello. If he (child) came here on a B1 Visa (6 months duration) with his Mother, later Overstayed. He had a Labor Certification filed on or before 4/30/01 as an adult while on Overstayed status. The petition was later withdrawn but it was approvable when filed. An I-130 petition was filed in 2011 by his USC Mother in the category of unmarried adult, 21+, I-130 approved in 2014. 

 

The Overstayed beneficiary would still be grandfathered under 245i and be able to AOS in USA correct?

 

Note: The beneficiary never left USA after the B1 Visa expired.

If the priority date is current on the i-130 filed by his mother then yes - they can AOS in the US by filing supplement 245(i) and paying the $1000 fine.