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#4
07-11-2024, 02:01 AM
Senior Member
From Minnesota
Joined in Nov 2009
5,989 posts
Quote:
Originally Posted by glacier1985 View Post
Hi Demise,

Thank you for your input. We've spoken with several lawyers, but most are either not familiar with 245i or are unsure how to file an I-485 along with 245i. Are you a lawyer, and if so, are you accepting new clients? If not, do you know of any good lawyers who can handle cases like this?

One last question: Since my father's I-140 needs to be approvable when filed, it's quite challenging to gather all the necessary approvable evidence at this point. I'm concerned that if my I-485 gets rejected, it might impact my spouse's application. Can you provide any insight on this?

Thank you.
Well first and foremost, was the I-140 approved? Being approved would be enough to tick the approvable when filed. Otherwise, do the FOIA for the I-140, get a copy of the underlying labor certification from the FOIA that was filed with the I-140, and use the labor certification to satisfy that requirement.

Further finnagling is only needed if whatever you're trying to use to claim 245(i) eligibility was ultimately denied. E.g. Uncle filed an I-130 for your dad. Obviously the two are brothers. INS issued an RFE that got lost in the mail and the petition got denied. Now, the petition was approvable when filed because the family relationship existed when the petition was sent out.

Regarding your wife - since she's the primary your denial generally won't prevent her from adjusting her status. Only case where this would matter is if you're seeking cross-chargeability, e.g. you're lets say Guatemalan, wife's lets say Indian. Wife can use your country of birth for the immigrant visa quota however in this case you both have to be approved since she's the primary for the petition but you're the primary for getting these charged to Guatemala.

Am I a lawyer? Nope. I can give you like 2-3 lawyers who do know how to do 245(i) if you want. They're in NYC though.
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