Evidence of Continuously Maintaining a Lawful Status Since Arrival in the US

[andrewgt9]

I am trying to sponsoring my mother who came to the US over 30 years ago using a tourist visa and over stayed. I am trying to fill out I-485 but one of the requirements is "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States" which we do not have.

"Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2)"

She does not have her original passport or I-94.

The instructions clearly state that she is barred from adjustment by "INA section 245(c)(2)" - so is there something else that we can do?

[krypton9591]

I am trying to sponsoring my mother who came to the US over 30 years ago using a tourist visa and over stayed. I am trying to fill out I-485 but one of the requirements is "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States" which we do not have.

"Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2)"

She does not have her original passport or I-94.

The instructions clearly state that she is barred from adjustment by "INA section 245(c)(2)" - so is there something else that we can do?

that answer would appear to be nope

[newacct]

I am trying to sponsoring my mother who came to the US over 30 years ago using a tourist visa and over stayed. I am trying to fill out I-485 but one of the requirements is "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States" which we do not have.

"Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2)"

She does not have her original passport or I-94.

The instructions clearly state that she is barred from adjustment by "INA section 245(c)(2)" - so is there something else that we can do?

That does not apply to her category. She is in the Immediate Relative category. As long as she entered legally, how many years she overstayed is completely irrelevant.

She does not have to provide any evidence of maintaining lawful status. The instruction about providing such evidence says it applies to "applicants applying under a family-based preference category or an employment-based preference category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees under the Diversity Visa Lottery program" and Immediate Relative category is not any of those.

[UScitizenFilingforspouse]

I am trying to sponsoring my mother who came to the US over 30 years ago using a tourist visa and over stayed. I am trying to fill out I-485 but one of the requirements is "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States" which we do not have.

"Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2)"

She does not have her original passport or I-94.

The instructions clearly state that she is barred from adjustment by "INA section 245(c)(2)" - so is there something else that we can do?

Andrewgt9,

I would strongly recommend you set aside sometime to digest the I-130 & I-485 instructions. That will help you understand what to expect from this process and will minimize delays.

From the I-485 instructions; page 20/42:
Immediate relatives of U.S. citizens include the following relatives of U.S. citizens: spouses, unmarried children under 2 years of age, and parents (if the U.S. citizen is 21 years of age or older).
Immediate relatives do not have to wait until Form I-130 is approved to file Form I-485. You may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved. Immediate relatives always have a visa available once Form I-130 is approved.

In other words, your mother is an immediate relative and gets the same perk that spouses of US citizens get. You may file concurrently and remain in the US while you adjust status. My mother waited a couple of years for me to become a citizen. She overstayed her B1/B2. There were no issues. We submitted an error free AOS package. That is KEY. No delays. Her EAD happened around the 60 day mark, the interview was waived, and her 10-year green card arrived in the mail in less than 6 months.

I-485 page 3/18.
Part 2.
Question 1.a. Family-based.
X Immediate relative of a US citizen, Form I-130

Question 2. Are you applying for adjustment based on the immigration and Nationality Act (INA) section 245(i)?
X No.

Does that clarify it for you?

[kaylip]

Newact is correct. You are filing under Immediate Relative category and that is c(9) category.