I-485 / EWI Issues

Hello,

I'm trying to get the paperwork from my wife's permanent residency straightened out. She entered EWI as a minor in 1996.  She has been in the US under TPS (including employment) status since 2001. We submitted the I-130 and I-485 concurrently.  However we got a request for information for the I-485.  The issues arrive from one of the documents requested which (briefly) are either:

1)  I-94 or nonimmigrant visa page or

2)  Evidence under 245(i) which includes a Supplement A form to I-485.

Now the issue.  since she entered EWI, she has no I-94 or related documents.  Further, part C (additional eligibility section), 2-c of the Supplement A form specifically mentions not to submit the form since she is married to a US Citizen.

A call to the info line basically says she will be denied due to EWI, in spite of the fact she's gone through UCIS for TPS.

Thank you in advance.

There are many criteria an individual must meet in order to qualify for I-485 adjustment of status.  Some of the fundamental requirements include last entering the country through proper inspection, being in lawful status in the U.S. and never working without permission in the U.S. 

While most individuals may not adjust status if any of these criteria are not met, the last two are not impediments to an immediate relative wishing to adjust status within the U.S.  INA 245(c) bar to adjustment because the person lacks current lawful status or the person worked without authorization does not apply to immediate relatives.

Even an immediate relative, however, is ineligible to adjust status within the U.S. if s/he last entered without inspection.

If your spouse is an EWI, it sounds like she may need to qualify under 245(i) in order to go through adjustment of status from within the U.S.  Was any green card paperwork ever started for her or one of her parents prior to April 2001?

EWI and 245(i) issues are too case specific in order to obtain an answer throught the USCIS help line.  You should look at 245(i) criteria to see if she qualifies.  See:

http://www.uscis.gov/p...

http://www.uscis.gov/f...

If you are unsure about how she can proceed with 485 eligibility, you should consider consulting with an experienced immigratioin attorney that has handled 245(i) cases before.

Regards,

Andrew M. Wilson, Esq.

Seritte Reich Wilson, LLP

www.srwlawyers.com

awilson@srwlawyers.com