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).

Re: Fixing status
 

Thanks Demise!

Re: Fixing status
 

Hey man! Happy to see posts from people back in the day. Happy to see you will fix your status soon! Did you fix your entry with Advance parole?

Re: Fixing status
 

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!

Re: Fixing status
 

I didn't do the advance parole, but because my mom was petitioned back in the early mid 90’s by my grandfather, it qualifies me for the 245(i) waiver. I did a FOIA request to obtain that specific I-130 petition and I finally, after 9 months got confirmation that they found it and I will be getting that soon.

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.

Re: Fixing status
 

For petitions filed on or before January 14, 1998 there is no physical presence requirement.

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If petition was approvable when filed but ultimately denied/withdrawn you need to prove it existed and that if things didn't take a sharp turn it would be approved.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).

Re: Fixing status
 

Wait wait wait...Alllll of my family members, aunts, uncles, cousins, and grandmother came here in the 80s and 90s. All with green cards. I camehere in 97 without inspection when i was 3. Does that mean i am grandfathered under 245 also if i were to adjust?

Re: Fixing status
 

Were you sponsored by anyone, or your parent was sponsored before you were 21, and prior to 245(i) sunset date (April 30, 2001)?

Re: Fixing status
 

Yes my mom had an approved 130 in 96! I was 2 then.