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Ankitp23

I-130 + I-485 + 245i - IM I STILL GOOD TO FILE??

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My father applied for LC before April 2001 Deadline... They did recive it. We have a copy of date recvied their. My father passed away. My mom took his file and transfered it in her name. We did get our Work permits while her I-140/I-485 were pending. Her I-140 got denied due to employer reasons. Now im 22 And my Question is.... IM MARRING A US. CITIZEN CAN I USE THE 245I TO FILE MY CASE?? I-130 I485 AND 245I ALL AT ONCE? I DONT HAVE ANY PASSPORT LOST/EXPIRED.OR I-94 STAMP OR WHATERVER.

I HAVE A CURRENT US DRIVERS LICENSE. SSN. EXPIRED WORK PERMIT. DO I NEED AN ATTORYNEY OR I CAN FILE THIS MYSELF AND SHOULD BE OK AS WELL?

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Thanks. If im eligble under 245i... DO i need my passport copy as one of the documents required to send in i130 and I-485?? if i came here illegally...on fake passport...i lost it is it ok if i dont have any when applying for status of adujement????

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First : off course you have to show the USCIS copy of original passport, maybe if you go to consulate and get new passport will works, but all information on I485 you have to know and prove it.

In my case I have to send copy of everything, include I94!!!

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If there was a lawful entry, then 245(i) would not be needed in a GC case based upon marriage to a US citizen.

Otherwise, if the passport is lost, it is lost. Those documents are used to show a lawful entry. If there is an EWI (entry without inspection---which is the technical term for sneaking in to the US), then the old passport would not have anything helpful. Get a new one.

It is important to document the 245(i) grandfathering. It sounds like the mother did a labor substitution case into the father's labor. That is unusual, but has happened if both parents meet the job qualifications (sometimes because they went to school together or both work in the same field).

The 245(i) is not an entirely separate filing, it is an extra part of the I-485 filing with an extra fee.

This Murthy Bulletin article covers 245(i) grandfathering, http://www.murthy.com/news/n_usc245.html

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