SergioD104
07-03-2011, 09:26 PM
Is I-485a $1000 Penalty Required with long-standing prior I-130, I-817 & I-94 approvals
Perhaps I'm being overly cautious, but I'm doing all the investigating I can before self-filing I-485. Though there's really no complicating matters in my case and I have a huge file of ALL papers and documents ever filed or requested...but, after waiting 22 years of waiting, I reasonably nervous that some stupid mistake could mess things up.
I was brought to the US from Mexico by migrant worker father when I was 12. I received approval for I-817 for Family Unity Act and I-94 Arrival Record in 1990, and I-130 Immigrant Petition for Visa in 1992...all prior to being 18 years old...but I have since “aged out” while waiting for my "priority date". I'm now 36, living in the US continuously since I was 12 (never left US), working continuously under a work permit since 1990 (and paying taxes) and have had all I-817 renewals 1990 to present approved. After 22 years, My Visa is finally available, I successfully completed the medical exam and am now filing I-485 Adjustment of Status. I've been told I DON'T have to complete Supplement A to I-485 and pay the $1000 penalty because I've been “paroled” into the US by my previous documents. Frustratingly, the application instructions are unclear...and further confused by my "aging out" issue.
1. Do I have to complete I-485 Supplement A & pay the 1000 penalty?
2. Does my I-94 "Parole" me into the US? Is it of any significance that I received I-94 approval prior to turning 18?
3. If I file my papers without the I-817 Supplement A and $1000 penalty attached, what happens if in fact it has to be paid (how will it affect my processing)? Will they reject it or just request the additional form and fee?
4. Though I've been self-supporting for 15 years, is it really true that my financial records are of no consequence and that all proof of financial support must come from my father's tax returns and pay stubs...even though I earn more?
Perhaps I'm being overly cautious, but I'm doing all the investigating I can before self-filing I-485. Though there's really no complicating matters in my case and I have a huge file of ALL papers and documents ever filed or requested...but, after waiting 22 years of waiting, I reasonably nervous that some stupid mistake could mess things up.
I was brought to the US from Mexico by migrant worker father when I was 12. I received approval for I-817 for Family Unity Act and I-94 Arrival Record in 1990, and I-130 Immigrant Petition for Visa in 1992...all prior to being 18 years old...but I have since “aged out” while waiting for my "priority date". I'm now 36, living in the US continuously since I was 12 (never left US), working continuously under a work permit since 1990 (and paying taxes) and have had all I-817 renewals 1990 to present approved. After 22 years, My Visa is finally available, I successfully completed the medical exam and am now filing I-485 Adjustment of Status. I've been told I DON'T have to complete Supplement A to I-485 and pay the $1000 penalty because I've been “paroled” into the US by my previous documents. Frustratingly, the application instructions are unclear...and further confused by my "aging out" issue.
1. Do I have to complete I-485 Supplement A & pay the 1000 penalty?
2. Does my I-94 "Parole" me into the US? Is it of any significance that I received I-94 approval prior to turning 18?
3. If I file my papers without the I-817 Supplement A and $1000 penalty attached, what happens if in fact it has to be paid (how will it affect my processing)? Will they reject it or just request the additional form and fee?
4. Though I've been self-supporting for 15 years, is it really true that my financial records are of no consequence and that all proof of financial support must come from my father's tax returns and pay stubs...even though I earn more?