mytwocents/howdy/xiaobaitu, please!

k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;


Mytwocents, thanks for the comment on my question.
Even my PD is 2004, and EB2 I485, you mean I am still eligible for 245(k)? I am not able to get more detail about 245(k) by google, xiaobaitu past it in her reply, and her conclusion is only person marry with US citizen can get benifit from 245(k), I am getting confuse now. Could you please explain more?

(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--


(A) failed to maintain, continuously, a lawful status;


(B) engaged in unauthorized employment; or


(C) otherwise violated the terms and conditions of the alien's admission.

So,if you ever worked without EAD/working visa ,or did other things violated condition of your status,you can't adjust your status except you marry a US citizen

所有跟帖： 

• 245(k) is avaiable to EB GC seeker all the time. -mytwocents- ♂ (101 bytes) () 08/31/2006 postreply 08:54:54

• Sorry, forget to answer your entire question. -mytwocents- ♂ (451 bytes) () 08/31/2006 postreply 09:52:36

• 2cents is right, even if out of status when filing -howdy- ♂ (102 bytes) () 08/31/2006 postreply 10:16:11

• The interpretation of INA 245(k) is: -howdy- ♂ (835 bytes) () 08/31/2006 postreply 09:10:31

• 回複：mytwocents/howdy/xiaobaitu, please! -pr- ♀ (109 bytes) () 08/31/2006 postreply 10:31:05

• there is no 100% for anything. Contingency happens -howdy- ♂ (233 bytes) () 08/31/2006 postreply 10:41:03

• 回複：there is no 100% for anything. Contingency happens -pr- ♀ (264 bytes) () 08/31/2006 postreply 10:52:28

• No body can guarantee that a officer must not deny you -mytwocents- ♂ (184 bytes) () 08/31/2006 postreply 11:42:59

• what is MTR? -pr- ♀ (0 bytes) () 08/31/2006 postreply 11:46:29

• Motion to reopen or motion to reconsideration -mytwocents- ♂ (0 bytes) () 08/31/2006 postreply 11:48:50

• 245(k) is not a case by case issue. -mytwocents- ♂ (0 bytes) () 08/31/2006 postreply 12:04:06