Henderson, NV asked in Immigration Law for Nevada

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.

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2 Lawyer Answers
Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
Answered
  • Immigration Law Lawyer
  • New York, NY

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

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL

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

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