Immigration and nationality act ina section 245 i

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Adjustment of Status (Green Card) & Section 245(i)

immigration and nationality act ina section 245 i

The Legal Immigration Family Equity (LIFE) Act and LIFE Act Refer to Section (i) of the Immigration and Nationality Act (INA). Close All.

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The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if 1 the alien makes an application for such adjustment, 2 the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and 3 an immigrant visa is immediately available to him at the time his application is filed. Upon the approval of an application for adjustment made under subsection a , the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections and of this title within the class to which the alien is chargeable for the fiscal year then current. The Attorney General may not adjust, under subsection a , the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section a of this title. The Attorney General may not adjust, under subsection a , the status of a nonimmigrant alien described in section a 15 K of this title except to that of an alien lawfully admitted to the United States on a conditional basis under section a of this title as a result of the marriage of the nonimmigrant or, in the case of a minor child, the parent to the citizen who filed the petition to accord that alien's nonimmigrant status under section a 15 K of this title. In accordance with regulations, there shall be only one level of administrative appellate review for each alien under the previous sentence.

Section of the Immigration and Naturalization Act specifies conditions under which aliens already in the United States in a legal nonimmigrant status may change their status to legal permanent residence "green card" status while remaining in the United States. A sub-paragraph of that provision, Section i added to the law in provides for the transition to legal residence for an alien who, "entered the United States without inspection," i. Even though that provision remains in the law, since it ceased to be available for illegal aliens who did not already have a petition for adjustment of status filed by a family sponsor or employer sponsor. The following is a description of the termination of the i amnesty provision and the reason that it was terminated. The measure to provide illegal aliens a means to gain legal permanent residence a form of amnesty was controversial ever since it was first enacted in

Q: What is the new i Amendment? A: The new i Amendment allows some aliens who are out of status, entered the U. Q: Who is eligible to take advantage of i? A: To be eligible to take advantage of i , the alien must meet the following requirements:. Q: What kind of benefits does an alien get from i? A: i will allow the alien to apply for adjustment of status even if the alien entered the U.

LIFE contains a series of immigration benefits destined to alleviate some of the backlog of certain family and work visas and to provide additional possibilities for a limited number of immigrants who have been unable to regularize their situations under previous amnesty and other laws. The main benefit is that it allows certain people to become permanent residents while either remaining in the US instead of a mandatory wait in their home country or to enter the US while awaiting completion of their petition for residency. Properly filed means that it is physical received on or before April 30, or if mailed, postmarked on or before that date. The Form ETA , as a statement from the employer, will meet the burden of establishing that the employment is non-frivolous and meritorious in fact. USCIS has taken the view that as long as there was a previous application or petition filed on or before April 30, , that was approvable when filed, the individual beneficiary and spouse and children can adjust status based on an entirely different petition or even a Diversity Visa application. The client entered the U.

Section 245(i): "Adjustment of Status"

Skip to main content. Depending on the circumstances, a spouse or child of a grandfathered individual may also be a grandfathered or may be eligible to adjust status as a dependent under Section i of the INA. - One important thing to note is that the benefits provided under Section i are limited.

Frequently Asked Questions about Section 245(i)

Adjustment to permanent resident status obtaining a green card under section i of the Immigration and Nationality Act INA is a welcome form of relief for individuals unlawfully in the United States U. Normally, aliens unlawfully present here must return to their native country in order to obtain a green card with a few exceptions. Their departure from the U. And this hardship waiver is very difficult to obtain. However, a person eligible for relief under section i can adjust to permanent resident status in the United States despite their unlawful presence without returning to their home country or obtaining a waiver from USCIS. It is very important to understand that section i of the INA by itself does not in any way form an independent basis for obtaining a green card. It only allows aliens who have an approved visa petition, which is now current and available, to file for a green card when they entered the US without inspection or they are not maintaining status.


slb \ SERVICE LAW BOOKS MENU \ IMMIGRATION AND NATIONALITY ACT Sec. [8 U.S.C. ]. (a) The status of an alien who was inspected and.
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