Thread: 245 (i)
View Single Post
#9
04-19-2020, 04:46 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,990 posts
Demise online
Quote:
Originally Posted by LegalAmigo View Post
(I am sorry OP if I have hijacked your thread. I do hope it provides you with more info though.)

https://www.uscis.gov/greencard/life...45i-adjustment

It was this one ^^

To be honest I am not sure when it was filed. I was only able to find one piece of paper that says my mother was denied because she never responded to a letter (due to change of address). She appealed and explained that she never received her letter, and during that time the program ended.

However, my mother claims she had mentioned my name in that form, and it makes me wonder if that would excuse me from being EWI.

When I spoke to a paralegal about this, she told me (as the link above says) that to even be able to apply for a 245 " you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition."

So, it's a long trail, my aunt most likely named my mother as her beneficiary, my mother then applied and during her appeal, the program ended. I may or may not have been named in one of those forms.


It sucks being EWI because if I want to adjust my status ( I am married to a U.S Citizen) I have to leave the country and come back. I have never left California, and in this political climate, I am scared to do so. I wonder if the current Pandemic situation would make it so that one does not have to leave. (Doubt it).
Have your mother do a FOIA with USCIS and if that comes back empty do one with DOL. If it was an immigrant petition or a labor cert and you can prove was "approvable when filed" then you should be able to adjust under 245(i).
__________________
LPR these days
Post your reply or quote more messages.