Immigration Site

I was speaking to an attorney about adjustment of status from an I130 sibling petition which is now current this month. The attorney told me that the application cannot be processed in the US through adjustment of status because of living in "unlawful presence" due to expiration of a nonimmigrant Visa. I told the atty if I was covered under 245i if I would still have to leave the US to apply through the consulate and they told me that the 245i protection does not cover F4 sibling sponsorships but rather its immediate relatives only who are covered! Is this true? I thought sibling sponsorship before May01 2001 guarantees 245i protection to people who have accrued "unlawful presence" ?

Also, besides the inconvenience of travel, is it better to apply for AOS via the 485 form rather than travelling back to your home country and applying through a consulate?

Your attorney is wrong, siblings are covered under 245i. Secondly 245i only covers petitions filed on or before April 30th, 2001.

Your attorney is wrong, siblings are covered under 245i. Secondly 245i only covers petitions filed on or before April 30th, 2001. Yes I told my attorney that I heard 245i protected everyone...even if it was a work petition but I was told when it comes to "unlawful presence" only immediate relatives benefit from 245i. I was shocked to hear that and I asked once again that wasnt the whole purpose of 245i to "forgive" the unlawful presence but once again I was told sibling sponsored beneficiaries are not forgiven unlawful presence. This isnt really a retained attorney its just someone I was speaking to on the phone to setup an initial consultation with. Its quite shocking to me that someone can make such a critical mistake on such an important topic.

And I know about April 30th or before. If the petition was postmarked in April and I can prove it then Id still be protected under 245i.

But theres still the tiny chance this attorney was correct and there is some little known loophole which does say only immidiate relatives are covered but I myself am 99% sure its not true but wanted to make a thread just in case...

Yes I told my attorney that I heard 245i protected everyone...even if it was a work petition but I was told when it comes to "unlawful presence" only immediate relatives benefit from 245i Immediate relatives, unless they entered without inspection, dont require 245i relief. Their relief is in a separate section of the INA.

its just someone I was speaking to on the phone to setup an initial consultation with. Its quite shocking to me that someone can make such a critical mistake on such an important topic. You have now discovered that this so-called attorney is not worth spending money on.