Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

Can someone still apply for a green card under 245(i)?

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 as

1583552_fc10d2fb5f_z (resized)

Get out of jail card. Taken on November 19, 2004. Uploaded to Flickr on November 20, 2004 by Mark Strozier. Original [http://www.flickr.com/photos/r80o/1583552/ available here].

a 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.

Leave your comments and questions below or email your questions.

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

schedule a consultation appointment with an immigration lawyer.

See immigration attorney Ari Sauer’s full bio.

Join The Immigration Answer Man – Ari Sauer Facebook Page for regular updates.
Connect with Ari Sauer on LinkedIn.

Follow Ari Sauer on Twitter.

By Ari Sauer

Submit questions to The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com or by posting your question on FacebookTwitter or LinkedIn. Questions submitted by email will be posted without the personal information unless specifically requested. Where appropriate, and only upon request, a link to your website or blog can be included on The Immigration Answer Man blog. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation.

* 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.

About these ads

3 comments on “Can someone still apply for a green card under 245(i)?

  1. Twinkle khanne
    April 18, 2013

    Hello,
    My Husband’s uncle submitted an i-130 in 1996 with my father in law as principal beneficiary and my husband as derivative beneficiary. At that time my husband was 15 years old. Their priority date became current in 2007 but my husband was denied green card because he was over 21 at that time. His whole family got green card in 2009 through that application except him. My husband was in H1 at one point and now in H4. He kept working for a company though he is not allowed to work anymore under H4. Can he still apply for adjustment of status under 245(i)?

    • Someone who was the derivative beneficiary of a petition that makes them eligible for 245(i) would still remain eligible for 245(i) even if they are not able to get the green card based on that petition. However that person would then need a new basis to apply for a green card, such as a new I-130 or being petitioned for by their employer.

      If you would like assistance with your husband’s case, you can call 901-507-4270 to schedule a consultation appointment with me.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. 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.

  2. Pingback: Lunch Ideas While Camping Your Questions | RV Parts and Accessories

I welcome your comments or questions!

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Ari Sauer

Ari Sauer is an immigration law attorney with the Memphis office of the Siskind Susser law firm. Ari answers questions on US immigration law submitted by readers. Email Ari Sauer to submit a question. immigrationanswerman@gmail.com

Follow

Get every new post delivered to your Inbox.

Join 1,984 other followers

%d bloggers like this: