What is Section 245(i) of the Immigration Code and Do I Qualify?

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What is Section 245(i) of the Immigration Code and Do I Qualify?

immigration section 245(i), Arizona Immigration Lawyers, Ariano & Reppucci immigration help, Phoenix immigration law

Section 245 allows a person to become a permanent resident without leaving the U.S. through a process known as adjustment of status. Generally, you are barred from adjusting your status if you entered the U.S. without first being inspected by a Customs and Border Patrol (CBP) officer and you have either failed to maintain lawful status or have been unlawfully employed in the U.S. Section 245 is one of the few exceptions to this rule.

Section 245(i) was enacted in 1994 to allow persons who qualify for green cards, but not for adjustment of status, to be able to adjust their status if they were to pay a $1000 fine. Congress phased out section 245(i) of the law in January 14, 1998, but those who already qualified were grandfathered in. Alternatively, those who missed the January 14, 1998 deadline were ineligible to adjust status in the U.S. and would likely face a three or ten year ban before being allowed to apply abroad.

For a number of reasons Congress on December 15th, 2000 extended the grandfathering date to April 30, 2001. Therefore, under the old law, you must have had a visa petition or labor certification filed on your behalf before January 14, 1998 in order to qualify you for section 245(i). Under the new law, you may qualify for section 245(i) if a visa petition or labor certification was filed on your behalf after January 14, 1998, but on or before April 30, 2001, but only if you were physically present in the U.S. on December 21st, 2000. Physical presence in the U.S. on December 21st, 2000 could have been legal or illegal presence.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Christopher Ariano, Ariano and Reppucci PLLC | Attorney Advertising

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