Quote:
Originally Posted by pavpatel
Can you tell me your background? Also does 245i help the timeline or having to go back to your country? I think I am 245i eligible as I'm part of a family petition i-130 that was approved in 1996. I'm going to a lawyer soon to confirm. I'm hoping this makes my process more smooth when I try to adjust thru marriage. Any details you have would be helpful. Thank you!
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245(i) doesn't help timeline. It allows people who have EWI (aka entered the U.S. illegally without a visa) to adjust status while in the U.S. Otherwise, the only way for an EWI person to apply for AOS is to go back to their country and apply from outside or try to get a waiver (I-601). If you entered with a visa and overstayed, you don't need 245(i).
My U.S. citizen uncle filed an I-130 for my mom back in late 2000. I was a kid at that time and listed as my mom's child in the petition, so that's how I am a grandfathered derivative. (Fun fact: that petition is STILL not current 20 years later.... -_-)
You're going to need a copy of that I-130 petition that lists you on it, because you're going to have to send it with your AOS packet as supporting documents for the I-485 Supplement A form.