Guest dcwfn Posted March 16, 2005 Report Share Posted March 16, 2005 Here is another update.........There have been so many different versions of whatever story fits what DHS wants to tell us I'm not any more sure what to think now than I was when we started all of this. Anyway, it seems that there may still be the provision for us to pay the $1,000.00 fee to whoever's pocket it'll go into and get the visa for Mei to come home. We had been told that this provision no longer existed. Maybe it doesn't, I don't know. It sounds like the lawyer there in Guangzhou thinks it may still exist at least in part because we were told by the lawyer we had here in Virginia that it didn't....Sound confusing yet?......lolI told the lawyer there inn Guangzhou that if we had been afforded that opportunity we'd have utilized it before she ever left her home here.What do you guys know about this provision they're talking about now?...... Link to comment
tywy_99 Posted March 16, 2005 Report Share Posted March 16, 2005 Could it be AOS under section 245(i) of the INA? I'm not sure. This gets really deep into immigration law. I hope all works out for you soon. -good luck. Link to comment
Guest dcwfn Posted March 16, 2005 Report Share Posted March 16, 2005 Yes, that is the exact section quoted by the attorney there in Guangzhou........what do you folks know about that specific section? Link to comment
frank1538 Posted March 16, 2005 Report Share Posted March 16, 2005 Take a look at this link: http://www.americanvisas.com/adjustmentlife.htm 245(i) is still effective but only in certain very limited instances. I am not an immigration lawyer so take what I say with a grain of salt, but it sounds like, in any event, that a petition must have been filed by 4/30/01 for the provision to apply. I could see an equitable argument if your wife was in the US back in 2000, was out of status but was married, and was advised by the government that her only option was to leave the US. Under 245(i) she might have adjusted status and not had to have left the country. Again, this is way outside my area, so please don't put any stock in my reading of the law. Link to comment
Guest dcwfn Posted March 16, 2005 Report Share Posted March 16, 2005 Upon reading that info I can see where there "may" be some provisions within this application process to resolve the issue and get Mei back home. It's a dangerous thought but I think I understand what the lawyer is thinking now.........lol Link to comment
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