QUESTION
Does he have to go back to Mexico and wait for the process to be completed or can he be here during the process and pay the fee for entering illegally
Asked on Oct 02nd, 2012 on Immigration - California
More details to this question:
My boyfriend came to the USA as a minor. His dad at the time was a permanent resident, his petition was granted in 1996, now is the end of 2012. His father became a US Citizen about six years ago. My boyfriend was waiting for his priority date but Si FE immigration is up to date. He will apply for a green card. He came in without inspection. Will he be protected with the i245 law that passed years ago? Should he file? Do you know in which date immigration is working on? His priority is 5/1996. He was petitioned as a child under 21 of a permanent resident back then in 1996. Now he is an over 21 child of a us citizen.
5 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
Whether he will be protected depend on how his Dad obtained residence. If he leaves he will be subject to a 10 year bar and will need a waiver. I strongly urge you to retain a lawyer before you proceed.
Answered on Oct 08th, 2012 at 10:50 PM
Rebecca T White
From what you describe he is likely covered under 245(i), but you will want to fully review the facts with an attorney before filing.
Answered on Oct 04th, 2012 at 9:22 PM
Immigration Attorney serving Los Angeles, CA
at
Law Offices of Mary Lyn T. Sanga A Professional Corporation
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Your boyfriend was originally petitioned under F2A category (spouse and children under 21 of lawful permanent residents). Right now, the current priority date eligible for visa processing for this category for Mexico-born individuals is March 15, 2010 and earlier. Since he is now over 21 years old and his dad is now a US citizen, his category has already rolled over to another category depending on which came first: his becoming 21 while his dad is still a permanent resident or his dad becoming a US citizen while he was still under 21. If he turned 21 while his dad was still a permanent resident, his category shifted to F2B (sons and daughters over 21 of permanent residents) and then subsequently changed to F-1 (unmarried sons and daughters of US citizens) when his dad naturalized. Currently, the priority date eligible for visa processing for F-1 for Mexico-born individuals is June 15, 1993 and earlier. Thus, if his category now is F-1 and his priority date is 1996, he is not eligible to adjust status yet because his priority date is not current yet. If he was still under 21 at the time his dad acquired his citizenship, then his category may have rolled over to Immediate Relative category for which there is a visa number immediately available. Since his petition was filed in 1996, he may qualify for the 245i benefit and be able to apply for a green card without having to leave the country. I strongly recommend that you seek an immigration lawyer's advice regarding your boyfriend's case.
Answered on Oct 03rd, 2012 at 12:51 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If your boyfriend is the beneficiary of an I-130 petition that was filed before April 30, 2001, he is eligible for adjustment of status under 245i with the additional payment of a $1000 penalty. He can wait until his priority date becomes current, or he can adjust his status immediately if he was married to a US citizen.
Answered on Oct 03rd, 2012 at 12:50 PM
As long as the father's petition on his behalf was filed when 245i was in effect and he remained in the US the entire time, he should be protected by 245i. However, if the priority date is still not current, you can petition for him as your spouse if you get married, and he can use the filing date of his father's petition as the basis for the adjustment of status.
Answered on Oct 03rd, 2012 at 12:49 PM