Are you applying for adjustment based on the immigration and nationality act(INA) Section 245(I)?

[NENOPDX 0]

I have my father  who came here as a visitor,, this is his second visit. It happens that I have became a US citizen during his visit. Because I was worry that he will go back home during the epidemic. I decided to apply for him to stay in the U.S.

His visa expires 04/30/2020

I  submitted I 130 on March before his visa expired(Still pending).

Now Im applying for his I-485 along with I765.

The question what should I say for the question " Are you applying for adjustment based on the immigration and nationality act(INA) Section 245(I)?"

 

[geowrian 22,335]

You would know if you were applying under 245(i). haha It's not something most people qualify for nowadays.

 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelim

Quote

(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States-

(A) who-

(i) entered the United States without inspection; or

(ii) is within one of the classes enumerated in subsection (c) of this section;

(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 1153(d) of this title) of-

(i) a petition for classification under section 1154 of this title that was filed with the Attorney General on or before April 30, 2001; or

(ii) an application for a labor certification under section 1182(a)(5)(A) of this title that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and

(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically present in the United States on December 21, 2000;

 

may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General may accept such application only if the alien remits with such application a sum equalling $1,000 as of the date of receipt of the application, but such sum shall not be required from a child under the age of seventeen, or an alien who is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 1160 or 1255a of this title or section 202 of the Immigration Reform and Control Act of 1986 at any date, who-

(i) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained temporary or permanent resident status under section 1160 or 1255a of this title or section 202 of the Immigration Reform and Control Act of 1986;

(ii) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and

(iii) applied for benefits under section 301(a) of the Immigration Act of 1990. The sum specified herein shall be in addition to the fee normally required for the processing of an application under this section.

 

[Boiler 43,436]

No

[HRQX 4,145]

1 hour ago, NENOPDX said:

what should I say for the question " Are you applying for adjustment based on the immigration and nationality act(INA) Section 245(I)?"

"No"

[NENOPDX 0]

Thank you so much, I really appreciate your help guys!!!