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I have the 245I through an approved I130 family petition. Can my current employer adjust my status?

Houston, TX |

I was granted deferred action (not that it matters as it does not lead to any legal path) My parents added me as a beneficiary on a petition for relative. The case was received on 01/14/98 and approved on 01/22/98; therefore I know I have the 245I. My mother and brother adjusted their status through marriage years later. I don't plan on marrying anytime soon. I work for a strong hospitality management company. They would like to adjust my status, but I am not sure if they are able to considering that the petition that now grants me 245I was a family petition and not an employment based petition. (I love immigration law - how ironic) I originally entered the country without inspection at the age of 3. I am now 29. I am a Human Resources Mngr with an associates degree. Is there hope?

Attorney Answers 3


  1. Yes, due to the fact that you seem to be "grandfathered "under INA section 245(I) should your current employer or any employer successfully file an application for labor certification and I-140 petition, both of which are ultimately approved, you will be able to file for adjustment of status to green card in the US by filling out Supplement "A" to Form I-485 paying the $1,000 fine. (The fact that you have been "grandfathered" under 245(I) based on a family petition and will no adjust under an employment based petition is irrelevant and will not make a difference.)

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Yes, you can use the old petition as a basis for adjusting under 245i once you have the following:
    a) an approved labor certification;
    b) an approved I-140

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.


  3. as long he employer does their part in obtaining your immigrant visa through your work, the grandfathering allows you to adjust by paying the extra $1,000.00 penalty based on the 1998 petition. for 245 (i) purposes does not matter what your position or education is.

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