Legal Question in Immigration Law in California
Adjustment of status under the LIFE Act section 245(i)
My Mother came to the US in '98 with visitor visa. Her sister (a US citizen) filed an I-130 to adjust status under the life act in 2001 before the dead line. I became a US citizen last year and I need to file I-130 for my mother, but I also need to make sure that it will sill be under the first filing date done by her sister in 2001 to maintain the legal status under the life act section 245(i). Please advice? What should I do??
3 Answers from Attorneys
Re: Adjustment of status under the LIFE Act section 245(i)
Go ahead and file. Her 245i won't be affected.
Re: Adjustment of status under the LIFE Act section 245(i)
You don't need to link the two petitions. All that is needed is the INS issued receipt substantiating that a relative petition was filed for her prior to the sunset, so that she can adjust status under section 245(i). Good luck!
Re: Adjustment of status under the LIFE Act section 245(i)
You may not have to even worry about 245i. Since you're now a US citizen, and assuming you're over 21, your mother is classified as an "immediate relative." Immediate relatives who came in with a visa, as she did, do not need section 245i to adjust therr status. She can simply adjust under section 245(a). Why pay the extra $1,000 under 245i if you don't have to?
Liem Doan, Esq.
Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an
attorney-client relationship has been expressly established with appropriate payment of valuable consideration.
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