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#2
07-09-2014, 09:35 AM
Senior Member
From Minnesota
Joined in Nov 2009
5,814 posts
Demise
First of all: Write proper English, none of us really want to go translating whatever was said here to English. Use periods, commas, and space this thing out. I know schools tell you to write 8+ sentences in a paragraph, in all reality, one idea = one paragraph.

Second of all, being sponsored on or before January 14th 1998 puts you under the old 245(i), where you are eligible to adjust status, and do not need to prove physical presence in US. You meet this requirement.

Since your application was approved before CSPA came into effect you're not eligible for this protection, and even if - in order to remain eligible it'd need to be pending for longer than you've been over 21 on the day your priority date becomes current. (ex. you're 23 years 2 months and 2 days old the application must've been pending for at least 2 years 2 months and 3 days). Another part is that if the parent naturalizes - your CSPA age becomes the day that naturalization took place, so it would not help you at all.

So what happens now?

Your old sponsorship application is still valid, it's not considered abandoned because there's nothing to carry on with due to the backlog, when your old priority date in 1995 will become current* , you will file for adjustment of status under 245(i). You will send the complete adjustment packet, and attach form I-485 supplement A (on which you will check box 1a, mark whatever inadmissibilities to US in part 2). There is a an extra $1000 penalty for adjustment under 245(i).

* - (F2B if your mother hasn't naturalized by then, or F1 or F2B if she has, both F1 and F2B are roughly at the same priority date, you get to pick under CSPA's other provision)

You will be allowed to adjust status in US under 245(i), and you have about 1-1.5 years of waiting before you're able to do so.

The above assumes that you're from Mexico. If you're not then your priority date already passed and you're eligible to file for adjustment.
__________________
I-360 (VAWA) filed: 08/21/2018 RFE: 02/27/2020 Due: 05/25/2020 Submitted: 05/21/2020
I-360 approved: 11/10/2020
Motion to recalendar filed: 07/29/2022 Motion to recalendar approved: 08/30/2022 Dismissed: 06/07/2023
I-485 filed: 06/17/2023 I-485 Interview: 4/29/2024 I-485 approved: TBD
Last edited by Demise; 07-09-2014 at 09:44 AM..
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