EWI on ETA-750 but have a I-94?

[Visitor User 253]

Hello. I am currently in the process of AOS. I received my initial EAD and had one RFIE (Birth Certificate with English Translation). I submitted the evidence and now the I-485 status online says ‘Ready to be scheduled for an interview’. 

 

I came here as a child with my Mother on her passport (I did not have a passport then) which was on a 6 month B1 Visa. 

 

Her passport does have my name and Visa stamp on it including my own I-94 card.

 

However, my Labor Certification filed on it before 4/30/01 ETA-750 says EWI. I do not know why. Also, I came to USA on a tourist visa with my parents as a child 2 years prior and we left before our duration of stay expired. I do not have the I-94 for that but have the passport stamp Visa stating me in there.

 

I never left USA the second time I was brought here as a child. USC Mother petition me for I-130 which was approved in the F1 category. 

 

I would still be covered under 245i grandfathered rule right?

 

Also, would the EWI on ETA-750 cause any confusion with USCIS?

 

 

Edited November 18, 2018 by Visitor User

[Visitor User 253]

Anyone?

[Visitor User 253]

No one knows?

[NikLR 13,227]

I think the issue is the category you're posting in.

 

How did you arrive?

Whats your basis for adjustment? 

You were an F1? If your priority date current?

[NikLR 13,227]

You cannot adjust status if you entered withour inspection btw.  You need an I-601a to interivew in your home country and Im unsure if other than spousal visas qualify for the I-601a.

Do you not have a lawyer?

[Visitor User 253]

1 hour ago, NikLR said:

I think the issue is the category you're posting in.

 

How did you arrive?

Whats your basis for adjustment? 

You were an F1? If your priority date current?

B1 Visa as stated in my initial post with details.

 

Approved I-130 USC Mother.

 

AOS with I-485A Labor Certification ETA-750 on or before 4/30/01.

 

6/9/11 PD. Approved I-130 as of 5/20/14. 

 

PD current as of October 2017 VB. 

 

RD: 10/4/17. 

 

EAD approved 8/8/18. 

[Visitor User 253]

1 hour ago, NikLR said:

You cannot adjust status if you entered withour inspection btw.  You need an I-601a to interivew in your home country and Im unsure if other than spousal visas qualify for the I-601a.

Do you not have a lawyer?

As I posted in details. I have the I-94 Card from my last entry including Visa stamp on my Mother’s Passport. I do have a lawyer.

Edited November 19, 2018 by Visitor User

[NikLR 13,227]

~~moved to AOS from k1&k3 to aos from tourist, student, and work visas~~

 

 

[aznhouston 132]

13 hours ago, Visitor User said:

As I posted in details. I have the I-94 Card from my last entry including Visa stamp on my Mother’s Passport. I do have a lawyer.

Then ask your lawyer. Lol. 

[Visitor User 253]

1 hour ago, hoangthaihuy said:

Then ask your lawyer. Lol. 

 

1 hour ago, hoangthaihuy said:

Then ask your lawyer. Lol. 

I like getting second opinions.

[Visitor User 253]

Please assist. 

[Visitor User 253]

Anyone?

[Visitor User 253]

Please assist.

[Visitor User 253]

Anyone?

[Visitor User 253]

Please help.