Q: Hello, I am applying for Green Card w/Form I-130 & I-485 & I-864. Do I need also 245(i) w/Penalty $1,000?
I was brought to the US by my parents illegally, w/o inspection or Visa in 1989 when I was 3 yrs old. I have been in this country ever since. I am now under DACA and have a Work Permit.I am applying for Green Card w/Form I-130 & I-486 & I-864 as my Spouse of 4 years is a US Citizen.
A: Well,, if you in fact you entered the United States without inspection as a minor along with your mother, then you would not be able to obtain your green card. Unless there's some waiver that you may be able to take advantage of. In addition, unless you have been grandfathered under 245(i), you would not be able to take advantage of its protections as it has expired. If someone had filed an application for you prior to April 30, 2001, then you may be grandfathered.
1 user found this answer helpful
A: Before you spend the filing fee money in connection with an application to adjust status, you should consult with a competent and experienced immigration attorney who can evaluate your eligibility. A basic requirement for adjustment of status is that one was either "inspected and admitted" or "paroled." Moreover, 245(i) has strict requirements that you may or may not meet. An attorney could evaluate your facts to see whether, particularly because you indicated you entered without inspection, you are eligible for relief using 245(i). If you are not eligible for relief under 245(i), a competent and experienced immigration attorney could evaluate other possible strategies for you. Note that ever since the onset of the COVID-19 pandemic, many attorneys offer telephone or online video consultations.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
