In Supplement A to form I-485, would it be correct for a Derivative Applicant (Spouse) to select b (beneficiary of a visa petition filed on or after April 30, 2001) since she is also filing under 245(i)
The visa petition was filed on April 17, 2001
No unless the application was already filed on or before April 30 2001
The Form I-485 Supplement A (Rev.01/18/2011) indicates "I am filing Supplement A to Form I-485 because (a).....(b) I am the beneficiary of a visa petition filed on or after January 15, 1998 and on or before April 30, 2001" Please make sure you are using the right version of the Form. If the petition on her behalf was filed before April 30, 2001, then selecting [b] is the correct response. Please hire an immigration lawyer to help you.
Rajesh Prasad, Esq.
Parikh and Prasad Law Group
5861 Pine Avenue Suite B
Chino Hills, CA 91709
You should contact an experienced immigration lawyer to help you with your application. Section 245(i) adjustment is tricky. My firm Rosner Partners has signficant experience and assists clients throughout the eastern United States. See our newsletters at www.Rosnerlaw.com
You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.
There is much more to a successful immigration case then just completing forms. Additionally, not only can incorrectly completing the forms lead to disastrous results, USCIS does not refund money when it denies applications or for applications that are filed which are ultimately not needed. I suggest you consult with an experienced immigration attorney who can review your case and advise you the best way to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.