New York Lawyer's Legal Updates

245(i) Adjustment Of Status

Author: New York Green Card Lawyer Alena Shautsova

Adjustment Of Status

I bet that almost every long-term US immigrant has heard of the 245i law. But I have noticed that many have misconceptions about the statute that how it actually can be used for a person’s benefit.

245(i) allows to adjust status without leaving the US for those who: entered the US without inspection (crossed the border); failed to maintain continuous lawful status in the US (overstayed their visa); or entered the US as a crewman; entered the US on a visa waiver program; worked without authorization... AND

If an approvable immigrant petition or a labor certification was filed before either: January 14, 1998; or April 30, 2001, and you were physically in the US on December 21, 2000 (if you are a principal beneficiary and you are using April 30, 2001 date; if you are a derivative beneficiary, the principal was supposed to be present in the US).

Who Can Benefit:

Spouses who were married to the principal beneficiaries at the time the petition/certification was filed for them; children of the principal; after-acquired spouses can adjust with the principal who qualifies for the 245(i).

Why it is Important to check if you can benefit from 245(i)

Sometimes, people have no clue that they can resolve the issue of their Immigration status in the US without having to file for a waiver or leaving the US. It is important to check if your parents were ever petitioned for and would have qualified for the 245(i) provision; or even your ex-spouse. 245(i) can be used only if now, you have a new petition that is current. It helps to resolve illegal entry or unlawful presence. But it does not by itself help to receive status in most cases: a new petition has to be filed first.

If you do qualify for this provision, in addition to regular application fees, you will need to pay $1000 fee for I 485A form.

If you would like to receive consultation regarding Immigration benefits related to 245(i), please email at office@shautsova.com or call at 917-885-2261.

04 April 2018
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