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  1. #1
    Join Date
    Sep 2012
    Posts
    1

    Default Filed I-130 Based on 245i Qualification but Missed Deadline

    In April 1997, client filed i130 based on the fact that he qualified under 245i. In June 1997, he got a letter saying the petition has been approved. Then in 2005, he received a letter that says his priority date is approaching and that he is eligible to file his i485. The client missed the date.

    My question is, does he file another i130 petition based on the fact that he qualified once under 245i? or is the 245i factor out the window now since the 2001 filing date has passed? and he just has to file a i130 again?

    Does anything change if he is married to a U.S. Citizen?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Filed I-130 Based on 245i Qualification but Missed Deadline


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