| Gocchin Sama |
09-17-2018 05:14 PM |
Re: On Tuesday, a new policy kicks in
I got the 245i through my mother when she attempted to apply through employment-based petition way back then. It was denied due to her former employer's financials. Here is what my firm's lawyer wrote:
Quote:
In order for your I-485 to be successful under Section 245(i), we would need to show that your mother’s I-140 was approvable when filed. Although approvable and approved do not have the same meaning, the fact that your mother’s I-140 was denied is problematic. Specifically, the fact that it was denied because the petitioning company could not show that it could pay her is an issue. If the petitioning company could not convince USCIS, with access to their own financial information, it is doubtful that we could do 15+ years later, without this access.
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I honestly don't think it would be an issue though. Don't people rely on 245i to adjust status through other means because of the denial of their original case? If the original case was approved, why would we even need 245i? My parents themselves are relying on the 245i from that same case for family-based gc through my aunt. (I-130 approved. Currently waiting for visa number for I-485) According to my firm lawyer's logic, the outcome of their case would be problematic too?
The bottom line is, my employer would be willing to attempt petitioning for me if we were under a different administration. |
