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#14
04-26-2010, 11:29 PM
Member
Joined in Jul 2009
94 posts
Wondering1983
Can you give a little info (just enough to fully understand your situation) about the circumstances surrounding your father's court-ordered Permanent Residency?
Why did the Immigration Judge allow him to get his Permanent Residency (due to being a beneficiary of a 245i petition, asylum granted, Cancellation of Removal, other)?

*245i is not a form. The Adjustment form is I-485 not I-148.
INA 245i is a law that ended Apr. 30, 2001... but it allows the primary and their derivative beneficiaries (spouses and children) to be "grandfathered" by a family or employment-based petition that was filed for the primary beneficiary before 4/30/2001.


[quote]WHAT IS 245(i)?
245(i) is designed to help people who are in the United States illegally. This includes people who entered the United States illegally as well as people who entered with a visa but remained in the United States after their visa expired.

In order to qualify, an employer or close family relative must file a petition for you by April 30, 2001. Also, you had to be physically present in the United States on December 21, 2000. When are ready to apply directly for a green card (adjustment of status), you will have to pay a fine of $1,000.

Immigration law 245(i) allows people to apply for a green card without leaving the United States. This is important because without 245(i), many people who are eligible for a green card would have to travel to the American Consulate in their country to apply for a green card.

The "grandfather clause" allows your spouse and children to benefit from 245(i). It is a very important benefit because it allows your spouse and children to adjust their status (get a green card while remaining in America) on their own if for some reason they are not able to get a green card with you. It is a benefit for life.
[quote]

Please speak with your father and consult with an attorney in the coming days before filing anything to make sure you are eligible.
Last edited by Wondering1983; 04-26-2010 at 11:50 PM..
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