Can I adjust my husbands i245 status? 2 Answers as of June 15, 2011

My husband is an illegal and has been in the country for 10 years now. In may of 2000 immigration made him withdraw his visa petition as his birth date was not in English and they said he had been part of a fraud from someone who was selling visas at the immigration office in Argentina. In 2001 he returned through the Mexico border entering the US without inspection with the i245. Can I adjust his status or will he still face the 10 year bar?

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Lyttle Law Firm, PLLC
Lyttle Law Firm, PLLC | Daniella Lyttle
What do you mean he entered with 245i? 245i is a section of the law that allows people to get a green card within the U.S. When typically they would not be able to. I would need a lot more details to help you with this. Meet with a lawyer to get details.
Answer Applies to: Texas
Replied: 6/15/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
245i does not cure the unlawful presence bar. 245i simply allows people who qualify (meaning that they had a labor certification or visa petition prior to April 30, 2001 and physical presence in December of 2000) to apply for permanent residence EVEN if they originally entered without inspection and/or are not in lawful status at the time of application. The 10 year bar deals with unlawful presence and doesn't kick in until someone leaves the country and then wants to return legally or apply for some sort of admission. You may still be able to use the 245i (if actually viable - I can't tell from these facts) for his illegal 2001 entry, but you will still need a waiver.
Answer Applies to: Virginia
Replied: 6/15/2011
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