Would the 245i allow him to stay in the country or would he have to leave when we begin the adjustment of status? 5 Answers as of June 06, 2014

My fiancé and I, and are planning on marrying next year. I am a US citizen and he is from Mexico but has been living in California for 20 years. He applied for 245i in 2001 when he was married to his ex-wife and began the process for adjustment of status. However, marital problems arose in their marriage that he stopped the process and divorced three years ago.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If he is indeed protected by 245i filing, he would not need to leave the U.S. to legalize his status.
Answer Applies to: California
Replied: 6/6/2014
Law Offices of Christine Green
Law Offices of Christine Green | Christine Green
245i allows an individual to adjust status in the US. Work with an attorney to make sure he is actually 245i eligible.
Answer Applies to: California
Replied: 6/6/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
It is possible for your husband to remain in the United States and apply for adjustment of status through 245(i); however, it will depend on the circumstances of his prior marriage and his immigration history. If his ex-wife's I-130 petition was not fully adjudicated, to remain eligible for 245(i), he must submit sufficient evidence to establish that the prior petition was approvable when it was filed with USCIS. The evidence can include, but is not limited to, proof of cohabitation, joint bank statements, joint health insurance, joint lease agreements, joint tax returns, photos, affidavits, birth certificates of any children born from the relationship, etc.
Answer Applies to: Texas
Replied: 6/6/2014
HAN LAW GROUP, Immigration Attorneys
HAN LAW GROUP, Immigration Attorneys | Susan S. Han
Assuming the previous marriage was not fraudulent and he has no other basis of inadmissibility, he may remain in the US and adjust status under 245(i) once he marries you.
Answer Applies to: California
Replied: 6/6/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You should be able to file an adjustment of status by using the old 245i filing. If done right, the entire process should only take 3 to 4 months. And he doesn't have to return to Mexico.
Answer Applies to: California
Replied: 6/6/2014
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