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Loudy

Am I qualified for 245 i

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In 1990, I entered U.S with F1 student visa and a labor certification was filed by an employer in September 1995 and approved in 2000. Then left U.S. in March 1997 without overstaying visa and entered to U.S. last time with valid B2 Visa in 2002 and overstayed visa since then. In 2002, I -140 was submitted and received RFE for Ability to Pay of the employer. So I did not want to pursue the case and told my attorney to withdraw the case. In August 2006, U.S citizen father petitioned I-130 for me and it was approved in 2009. My question is if I am a grandfather of 245 (i) even though left without visa overstay and came back to U.S. with valid B2 visa. Does 245 (i) have the requirement to stay in U.S. continuousely until the adjustment of status date even the fact that my labor certification filed before January 14, 1998? Thank you.

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In 1990, I entered U.S with F1 student visa and a labor certification was filed by an employer in September 1995 and approved in 2000. Then left U.S. in March 1997 without overstaying visa and entered to U.S. last time with valid B2 Visa in 2002 and overstayed visa since then. In 2002, I -140 was submitted and received RFE for Ability to Pay of the employer. So I did not want to pursue the case and told my attorney to withdraw the case. In August 2006, U.S citizen father petitioned I-130 for me and it was approved in 2009. My question is if I am a grandfather of 245 (i) even though left without visa overstay and came back to U.S. with valid B2 visa. Does 245 (i) have the requirement to stay in U.S. continuousely until the adjustment of status date even the fact that my labor certification filed before January 14, 1998? Thank you.

Your answer would be greatly appreciated. Thanks in advance.

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This is a complicated matter requiring detailed knowledge of the Immigration law and I suspect even most Immigration lawyers would need to look up case law. Help yourself and give the firm of Murthy a call.

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I got my green card from 245(I) and one of the request is never left the country on certain period of the time, on my case I have to prove that I was here since 2001 without left the US

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