I-245 and under 21

Immigration Links - Immigration Forum: Immigrant Visas - Family: I-245 and under 21
By Patricia Torres on Thursday, February 1, 2001 - 10:40 am:

I have a 19 year unmarried son still in High School, and I am a recently naturalized Citizen. He has an approved petition. Will we have to pay the $1000.00 fine under 254


By ImmigrationHelp on Thursday, February 1, 2001 - 11:40 am:

Dear Patricia:

He will not have to pay the penalty if he entered the US in a lawful status, even if he is now illegal. He would be considered an immediate relative. Of course, he must file his application for permanent residence before he reaches the age of 21 and he must remain unmarried. Good luck.


By Patricia Torres on Thursday, February 1, 2001 - 12:02 pm:

Thank you for your previous response. He did not have legal entry. He came in at the age of 2 with me, he was born prior to my own legalization. Is 17 the cut off age for not having to pay the fine or is there a cut off age at all???


By ImmigrationHelp on Thursday, February 1, 2001 - 07:02 pm:

Dear Patricia:

17 is the cut-off date. If he is over 17, he must pay the penalty unless he is the unmarried child of a legalized alien and he properly filed Form I-817, Application for Voluntary Departure under the Family Unity Program. Best wishes.


By visa overstay on Thursday, February 1, 2001 - 08:11 pm:

Overstays do NOT have to pay $1,000 fine this was told to me by my lawer because they entered the country legally.


By ImmigrationHelp on Thursday, February 1, 2001 - 08:46 pm:

Dear visa overstay:

You are correct provided that the person qualifies as an immediate relative, or is under the age of 17. If not, overstays must pay the penalty even if they entered the country legally. Best wishes.


By visa overstay on Saturday, February 3, 2001 - 05:26 pm:

My lawer told me that I do not have to pay the penalty fee of $1,000 and my Brother applied for me and I overstayed my visa.Is she right?


By ImmigrationHelp on Monday, February 5, 2001 - 09:03 am:

Dear Visa Overstay:

If you are over the age of 17, and you are applying for adjustment of status based upon a petition filed by your US citizen brother, and you have overstayed your period of lawful status in the US, then you must pay the $1000.00 penalty fee.

As we stated above in answer to your previous e-mail, you do not have to pay the penalty if you entered the country lawfully, and are under the age of 17 or an immediate relative of a US citizen. A brother is NOT considered an immediate relative. Good luck.


By Anonymous on Sunday, February 22, 2004 - 03:37 am:

My fiance is here on a b-2 visa. We are planning to marry but the visa expires on march 19th. It may be after that date before we can marry being that a wedding is very costly. My questions are this. Will we have to pay some sort of penalty??? And How long will it be before he can travel to see his family??? And How does my level of income effect his being approved for an adjustment of status after we are married. If My income is not so much over the poverty level will he still be approved??? Thank You so much!!


By Anonymous on Sunday, February 22, 2004 - 03:47 am:

If my annual income including child support is 21,600, and i am a family of three will we need to get a co-sponsor??? Also i can only provide documentation for one year. And my children have been on the IDPA medical card since they were born. We really want to get married but we dont want to risk his legal status. Can you help us???


By Bozidar on Wednesday, March 10, 2004 - 11:14 pm:

I am a permanent resident of US. More than a year ago we were legaly married. We had a church service. Do I have a right to keep my husband under I-130 with supplemental I-245 (i) in addtion?

I will look for the answer. Thanks
Have a pleasant evening!


By Anonymous on Thursday, June 10, 2004 - 05:37 am:

I entered the U.S. legally using my multiple entry visa. I was given 6 months to stay. I applied for an extension of stay. While waiting for their reply I moved to another state. They are requesting me to submit affidavit of support which I din't received. The only letter I received is the one stating that extension is not granted due abandonement but with option to appeal. I went home voluntarily after receiving that letter but it took me already for another 6 months of stay. Will I be charged of overstay. Is my multiple entry which has an expiration on 2011 still valid?
I'll appreciate your immediate reply.


By Anonymous on Thursday, June 10, 2004 - 05:42 am:

I entered the U.S. legally using my multiple entry visa. I was given 6 months to stay. I applied for an extension of stay. While waiting for their reply I moved to another state. They are requesting me to submit affidavit of support which I din't received. The only letter I received is the one stating that extension is not granted due abandonement but with option to appeal. I went home voluntarily after receiving that letter but it took me already for another 6 months of stay. Will I be charged of overstay. Is my multiple entry which has an expiration on 2011 still valid?
I'll appreciate your immediate reply.


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