Adjustment of status 245(i)

Asked over 1 year ago - Lake Worth, FL

If I am adjusting my status under 245 ( i ) because i had a visa petition filed on my behalf before April 30 , 2001 and I am in unlawful status , and my spouse is sending in her I - 485 together with mine , and she is also in unlawful status would she then also send in an I - 485A also ? If so I am assuming she would select b which states " I am the beneficiary of a visa petition filed on or after January 15 , 1998 and on or before April 30 , 2001 "

Attorney answers (3)

  1. Samuel Patrick Ouya Maina

    Contributor Level 19

    10

    Lawyers agree

    Answered . Assuming she was listed in the same I130 as you, then yes to both questions.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  2. Connie Kaplan

    Contributor Level 4

    7

    Lawyers agree

    Answered . Yes, she would be your beneficiary as long as she was listed on your application, and you would select B.

  3. Andrew Marino Bramante

    Contributor Level 15

    7

    Lawyers agree

    Answered . 245(i) adjustment is complicated, and I have seen too many people have their do-it-yourself applications denied. I suggest you consult with an attorney. Either by phone or email (emails pdfs of your papers ahead of time) or in person. Let the attorne help you rule out any other problems that you may not be considering.

    You should always consult with an experienced immigration attorney to make certain that the advice you received is... more
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