Fixing status
Hi everybody,
Been a while since I last posted on the forum and wanted to see if anyone has a similar situation as mine or is knowledgeable in immigration law and would be able to provide input. Immigration timeline Came in to US around 1992-1995 without inspection Mom was petitioned by my grandfather (PR) around 1995 (I-130) Sometime shortly she was approved for work permit (temporary) Grandfather retired and moved to Mexico in 1999 and took me with him in December of that year Grandfather passed away in 2003 and was brought back to US with an aunt (I’m 12 years old when I came back) (without inspection) Graduated high school and college Received DACA in 2012,2014,2016,2018 Have no record with the law Getting married October 2018 Note: Not sure what happened with my moms application since the lawyer ended up disappearing after taken a second installment (according to my aunt) Was wondering given my situation if I can fix my status using the waiver 245i? Thanks in advance. |
Re: Fixing status
Assuming the original petition was valid (mother was unmarried when it was filed) then yes, you'd fall under 245(i).
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Does the person’s name have to be on the application too? Or how can someone prove it? Because they didn’t technically have to be in the US before 2001 right? Please explain. Thank you! |
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Nice to see you still active Loquito! This forum is a gem for many folks in our situation. Thanks to this forum I found the resources necessary to go to college and finish. |
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You do not have to be on the petition, you only need to be a spouse or an unmarried child under 21 at the time it was filed. You prove it by finding the approval notice of the petition and proving that you're related to whoever it was for. If petition was approvable when filed but ultimately denied/withdrawn you need to prove it existed and that if things didn't take a sharp turn it would be approved. (E.g. a petition by an uncle withdrawn because your mother died, or petition by a company that went under during pendency). |
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