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I have filed an I -130 petition for my husband about 5 years ago and stopped pursuing immigration due to insufficient funds.

San Jose, CA |

I have an approved letter of that petition. How do I reopen this case again to pick up were I left off. My husband s brother also filed for him on 4/30/2001 under the 245 I. I also have that approved petition. I don't have lots of money to afford an attorney. And I've called immigration and they say I need to adjust his status but he has the 245i does it help or not. No criminal history and he is here in USA. What are the next steps? And how can I help his case. We have a 5 year old son together. Confused , stressed and feeling hopeless.

Attorney Answers 5


  1. If he entered over the border without inspection then he will need to adjust through 245(i) as you say. You can file for adjustment of status (form I-485) now and show evidence of the approved I-130 that you filed and the I-130 filed by his brother for 245(i). I understand that you cannot afford an attorney but in my opinion you will need one for such a case. Look around for attorneys that may offer you a payment plan.


  2. You will be way over your head in that one. Hire an immigration attorney. DO not try to do that on your own.


  3. I agree with Ms. Maylov. These types of cases are best handled by professionals. In particular, when 245(i) is involved.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. Hello hope you are well. If he entered the US illegally then the 245i is essential in his case if he is going to adjust. If the I130 was approved file that along with the I485 and the supplement (245i) with USCIS ASAP. If you have any doubts you should contact an immigration attorney or go to catholic charities and seek out some guidance. Best of luck to you!


  5. You should definitely hire an attorney. You can go to a private attorney or see if a non-profit can take your case. I volunteer at one in Oakland called the International Institute of the Bay Area. Good luck!

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