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my friend was physically present before dec. 2000 when the 245i was reintroduced. she has a visitors visa valid for 6 mos. her u.s. citizen father petitioned her on march 2001 . on april 2001 she returned to her country but only less than 2 mos she returned in the u.s. legally(visitors visa) to have her child be born here. after a day of her arrival she recieved her approval petition. its been almost 5 yrs and she haven't done anything about her petition fearing that it may put her in a bad situation(deported). she had been to 3 respectable lawyers and yet they have diff'rent answers. she wants to apply for a work authorization using her old I-94(the one that she used in the petition) .but she fears that INS might see that she went home and then came back. i've read the complete 245i law and i didn't see anything about the physical presence required after april 2001 or anything about going back to their country after the've been petitioned. since she was approved anyway. all the lawyers said to her is that she is still grandfathered by 245i. i think its a loophole that lawyers can't or doesn't even know? correct me if 'am wrong..... any person who have the same problem as my friend or know something about it pls. do help. thank you.
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She is still grand fathered
I think the 245(i), requirement is that you should be present here in Dec 2000.
It says nothing about continuous residence here.
IMHO, she is fine, to apply for an adj of status.
What do you think GURUs? -
i agreeComment
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I'm no Guru but gchopeful is right.........there is no requirement of contunoius prsence so she should go ahead and file her I-485 and 765. ........I'm not sure but do I-130's have an expiry dates?Comment
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