245 (i)

Hi! Is someone able to provide input on/ explain 245i? Thank you in advance...

Following my parents added us to this before it closed in 2001

Did anyone file an I-130 before 2001 for you?

What do you want to know exactly.

Sure. I adjusted through 245i.

I would like some info on this as well. Does being listed as my mother's child on her 241i mean that I am not technically EWI?

Unluckily for my mother, her application was in limbo right before the program ended. But if it saves me having to leave for Mexico and come back in order to adjust my status through marriage, that would be greeeeat.

Give me a bit more, what kind of petition was it, when was it filed, how old were you at the time?

(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).

I am going to give that shot. I'm gonna figure out how to do a FOIA. I hear it can take forever, but I'll post back any info that may be helpful. Thank you!