Family Petition
A spouse, child, son, or daughter (married or unmarried), parent, and sibling can be a beneficiary for this petitioner.
Who is a U.S. citizen?
A person that last entered the U.S. in this manner is not eligible for 245(a) adjustment.
What is EWI or entry without inspection?
Used to determine what civil documents are accepted and available in a particular country.
What is reciprocity chart?
Passage of 10 years alone is does not waive this bar.
What is permanent bar (INA 212(a)(9)(C))?
Immigrated via a spouse after being married for less than 2 years.
Who is a conditional permanent resident?
Categories in which beneficiaries can include derivatives.
What are preference-based categories?
Entry to the U.S. with a fake tourist visa still satisfies this requirement for 245(a) adjustment.
What is inspection and admission?
Manner in which an applicant for an immigrant visa can maintain their case open at the National Visa Center.
What is Paying a fee, submitting a doc via CEAC, Public Inquiry Form, CEAC log in, DS-260?
Waives the 3- or 10- year bars.
What is I-601 or I-601A waiver?
Must file within 90-day window prior to the expiration date LPR status.
When does the I-751 need to be filed?
Documentation of family relationships and proof of status is required.
What is required when filing the I-130 Family Petition?
These two 245(c) bars to adjustment apply to 245(a) applicants except for IRs or those who qualify for 245(i).
What are falling out of status and/or working without authorization.
Filed after a denial of an immigrant visa where applicant entered the U.S. with their foreign-born child.
What is waiver for alien smuggling (I-601)?
Does not waive smuggling a cousin.
What is waiver for alien smuggling (212(d)(11))?
Late joint petitions are not accepted by USCIS unless the applicants shows.
What is good cause and length of delay reasonable?
Showing required to prove union was entered into for more than the immigration benefit.
What is bona fide marriage/good faith marriage?
A petition or labor cert filed on behalf of an EWI applicant’s parent or ex-spouse may help the applicant adjust under 245(i) if it was filed before this date.
When is 04/30/2001?
Ground of inadmissibility for present marijuana use.
What is INA 212(a)(1)(A)(iv) (drug abuser/addict inadmissibility)?
Test used for an I-601A waiver.
What is extreme hardship?
There is no set time frame for filing this petition.
When can you file an I-751 waiver?
Child's age is calculated by taking the age on the date the visa is available minus the number of days the petition is pending.
For 245(i) to grandfather a derivative of a petition timely filed for their parent, the derivative child had to be unmarried and under 21 at what point in time.
When is at the time of filing or subsequently prior to 04/30/2001?
Will be revoked at consular interview if other inadmissibility grounds are found.
What is an I-601A waiver?
Needed to waive conviction for a CIMT.
What is a 212(h) waiver?
Marriage was entered into in good faith but has been dissolved and there is no possibility for reconciliation.
When can you use the waiver for divorce?/What is a divorce waiver.