回複：回複：回複：863211老師，One mre question

By the way, as I said before, even if your child's I-485 is denied, she still can file a new I-485 based on your wife approved I-485 later.

Suppose we don't do anything now and just wait. If me and my wife's 485 approved and my daughter's I-485 denied? in this situatio, will my duaghter be out of status (since her H4 is dependent on my H1-B and my H1-B will dispear once my 485 get approved), If her H4 expired, how can we file her a new 485?

-Your child had better do something either file a new I-485 or request I-485 interfiling. If she does nothing and her pending I-485 is denied and H4 is invalid, then she still can use the 245(k) bebefits to file I-485 based on your wife's approved I-485:

(2)   Applicability .
The following classes of employment-based adjustment of status applicants under section 245(a) are eligible for relief under 245(k) :

 

 

 

(A)  An alien who is present in the United States pursuant to a lawful admission and whose adjustment of status application is based on an approved immigrant petition for them as the beneficiary in one of the following classifications:

 

 ·  EB-1 : aliens of extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives;

 

 ·  EB-2 : aliens who are members of the professions holding advanced degrees or aliens of exceptional ability;

 

 · EB-3 : skilled workers, professionals, and other workers; or

· EB-4 : religious workers described in section 101(a)(27)(C) of the Act only.

Other employment-based immigrant classifications and other immigrant classifications are not a basis for consideration under section 245(k).

(B) An eligible derivative of an alien described in AFM Chapter 23.5(d)(2)(A) may benefit from section 245(k) in his or her own right if he or she has failed to maintain continuously a lawful status, worked without authorization, or

otherwise violated the terms and conditions of his or her admission for an aggregate of 180 days or less pursuant to a lawful admission.

 

See:

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-8624/0-0-0-9232.html

http://shusterman.com/pdf/245kimmigrationmemo2008.pdf

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• 回複：回複：回複：回複：thanks so much -nirvana_wander- ♂ (0 bytes) () 07/24/2012 postreply 09:51:08