Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: Can someone still apply for adjustment of status under 245(i)?
THE IMMIGRATION ANSWER MAN – ARI SAUER: Yes. Someone can still apply for Adjustment of Status, also known asa green card application, under Section 245(i) of the Immigration and Nationality Act, if they are grandfathered in to eligibility.
To be eligible for 245(i) the applicant must have been the beneficiary of an application for Labor Certification filed with the Department of Labor OR an immigrant petition filed with USCIS (or with INS) on or before April 30, 2001. Beneficiaries of petitions or applications dated January 15, 1998 or later must also show that they were physically present in the US on December 21, 2000.
So if someone had an employer or family member that filed a qualifying application or petition on their behalf on or before April 30, 2001, they might be eligible to benefit from the 245(i) “amnesty”. Also, some people are grandfathered under 245(i) where a qualifying application or petition was filed for their spouse or parent, as long as the person would have been able to qualify as a derivative beneficiary of that petition or application at the time it was filed or before April 30, 2001.
Furthermore, someone can be grandfathered for 245(i) even if the qualifying petition or application was eventually denied, as long as the petition or application was approvable at the time it was filed.
Finally, if someone is not grandfathered under 245(i), but they are applying for a green card as the derivative beneficiary of someone who is grandfathered, then they may be able to apply under 245(i) as a derivative of their spouse or parent.
But this is a fairly complicated area of the law, so if you feel that you might be eligible to apply for a green card under INA section 245(i), you should consult with an attorney before filing an application for adjustment to make sure that you are eligible for the green card and that you have the documentation necessary to prove your eligibility.
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If you would like to consult with me about your green card application or your would like my assistance with filing your application, you can schedule a consultation with immigration attorney Ari Sauer by calling 1-800-343-4890 or 901-682-6455 or by clicking here to
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By Ari Sauer
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* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.