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YTH

entered with no viss after 245 i was revoked

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I have a question. Someone entered this country with visa wai ver for 180 days at most in 1998. He said he got a green card through his employer paying fine for penalty. Do u know any case like this? My understanding is that back then lots of people left this country cus they didnt want to be penalized for not be allowed to enter this country for 3 or

10 years.

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First, a visa waiver allows 90 days max.

Second, it is not possible to file for AOS while on visa waiver (unless filing as an immediate relative of a US citizen.)

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Section 245(i) of the Immigration and Nationality Act allows certain people who are otherwise ineligible to still be able file the I-485 application.

Someone who entered the US in 1998 (even without inspection or on visa waiver) who was Beneficiary of an immigrant petition or labor certification filed by April 30,2001 and was physically present in the US on December 21, 2000 would be eligible to file the I-485 application based on Section 245(i).

When a person files the I-485 based on Section 245(i), s/he must submit the Supplement A Form with the I-485 application and pay an additional $1000 penalty fee.

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I didn't phrase it right. You are right that Visa waiver is 90 days maximum. This indivisual entered with visa waiver in 1998 and overstayed and got a green card through his employer with $1,000 fine paid. So the conclusion is that those who left this country before the 245i was revoked could've stayed and applied for a green card with a sponsor and fine.

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Yes, a person who was 245(i) qualified, could do an AOS after an overstay or Entry w/o Inspection. 245(i) expired April 30, 2001. Thus, there are fewer and fewer people who are covered under that law. But, there still are some---particularly those who might be covered under the grandfathering provisions.

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Are there anyone who filed a labor certification by April 30, 2001 and was qualified for AOS still waiting on a greencard? I don't understand why there are still some few people who can be qualified for AOS?

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It is possible that someone could be a beneficiary of a labor certification filed by April 30, 2001. However, that person did not pursue an I-140 based on that green card filing (e.g. lost the job, moved to a different job, the employer went out of business, etc.) So the person still can have 245(i) eligibility based on the labor cert filing. However, the green card itself must be obtained through another immigrant petition.

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I have two friends who left US before 245(i) was expired. They both paid $7000 to the attorney. One of them waited 3 years and came back with a green card. The other one didn't want to work in the related field anymore because he was not sure if his pepition would be approved. So he gave up on it after his attorney filed the petition. If I remember correctly, at that point no one knew that you could still be qualified as long as your were present in the US in December 2000 and filed by April 30 2001.

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I guess that no one knew that you didn't have to leave this country and could apply for AOS when the 245(i) was about to be expired.

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I came here in 1998 but my labor was filed in June 30, 2001. Of course my company went out of business in 2003 so don't know the status of labor. Since then I filed 5 labors from different companies. My bad luck continues...

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I guess you just need perseverance because you never know. I didn't know that you didn't have to leave this country before the 245(i) was expired and that JoeF didn't even know about it either. You never know..... perseverance is the key to it. Good luck.

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To understand how apply for green Card based on 245I works when it already pass a long time..

I came to Us in 09/1999 and on April/2001 I filed a labor petition to try get my green card thought employment, but on that time the company went out of business and I just forgot about and still here on Us illegally, but on 02/2008 I found a attorney who say, If I filed another labor petition and got that approved I still can adjust my status without leave the country based on 245I, because you have a labor petition before april/2001 and never ever left the country.

I did filed the labor, got approved and I filed on adjust of status on december 2010, I got my EAD card and the USCIS already asked a lot of docs to proved I was here on dec 2000, asked to pay $1000 Fees and after it still checking my petition.

I hope I have good news soon.

thanks

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You are so lucky because your labor petition got approved. You just need to wait a little longer and a good thing will happen. I have a friend who filed a labor petition by April 2001 and was present in December 2000. Although he paid $7,000 to his attoney he couldn't wait. He already left this country like anyone else did at that time. Sometimes it's better not to leave this country even if you are out of status. You never know!

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i got my GC June 2,2011 under EB3 using my 254(1)I file my EB3 august 31,2005 which is my PD.got approved my EAD on 2007.approved my 1-485 2011 within 1 week i recieved ny GC.so to those who are petition under 245(1)just Pray and be patience and if possible dont move to another employer

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Hello experts please throw some inputs ..i came in this country in 99 as visitor and overstayed and filed labor cert in april 2001 and got approved then in 2005 left the country came back luckily on visa waiver and filed i-140 and i-485 with 245(i) from same company, same position in 2010 and i-140 got approved in aug 2010 , got EAD, AP. And on that approval my priority date shows april 2001 so I was wondering how long would it take to get approved i-485 or to get decision. And do you think I should not have any problem ? response would be appreciated ….

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