I don't know what to do next to get my green card!? - Page 2

Okay I just got information from my older brother telling me that my father came to the country before us with a visa. He overstayed his visa and was granted a court order by a judge to be petitioned to get his green card and become an PR.

This is 245i.It would basically allow you as an EWI[Entered without Inspection] to adjust status within the US provided that you were a derivative of your Father's petition before April 30th,2001.

Just to be sure,what was the nationality of your father?,it sounds like Nacara but the information seems too obscure to make any determination !

Moroccan. So, I have to do the 245i and then the I-148 right after, the same time or...?

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.

My father filed after 2001 for his GC; he filed sometime in 2003. But I was in the country since 1991 and I can prove it does that help me? Am I still able to file an I-485 in this condition...? I guess I'll have to find out

Did you come into the US with a visitor's visa by any chance ?since you mentioned Morocco.I also think you should hold off on filing any I-485 considering you don't know what the situation is or get a second opinion from your current lawyer,& even a third if need be.


I believe Wondering & I are thinking is how you may get the benefit inside the US at the moment & judging from what you've said so far it doesn't look like it could be gained in the US.An I-130 form is only to prove familial relationship,but the i-485 is to start either adjusting your status or removal proceedings so be very careful about filing anything.

Yeah, I guess I'm screwed. I didn't come with any type of visa... I came in illegally when I was 2. I guess there is nothing I can do now...

I'm starting to sort of panic
what are my options????

The only option you have now is to ask the lawyer who filed the original paperwork why he thought you may qualify for adjustment inside the US.It is rather peculiar that your father was able to get a "petition" granted in front of an Immigration judge & without knowing what the benefit was,there doesn't look to be much that can be done but to abandon the petition imo.

Your options now are to find out for sure :

1.What was the adjustment of status application for your father based on & WHEN it was filed ?

2.Were you & your brother placed on the petition as derivatives ?

I guess it's basically impossible for me to become legalized in the states; there is just absolutely no way. My father never petitioned even for himself before 2001 -- he waited until 2003. What a shame... I've been living in America since I can remember (since I was 2) and it's the only place I've ever called home... yet I'm an outcast. I feel pretty hopeless, and I'm certain CIR isn't going to happen any time soon (I'm just being rational)