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AOS and 245k

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  • AOS and 245k

    Hello. I am a newly practicing attorney in immigration law. I recently stumbled over the 245 issue. Some of our clients are on H1B status, legally present here in the US, without violations since H1B status. A few initially came into the US on an F-1 visa and frequently left for short overseas visits and re-entered without problems.

    Now, on H1B status, these clients want to eventually file for AOS for the Green Card. During their F-1 status it now turns out that many of them had worked without permission. This happend 3 or 4 years back. Are they forgiven their immigration violations under 245(k)?

    Does 245(k) at all apply considering that they obtained H1B status while in the US, then went abroad to get an official visa in the passport, and then re-entered with that visa? Considering that, would past violations count or does the quest for inadmissability only count from the date of last entry?

    Thanks for your feedback.

  • #2
    Hello. I am a newly practicing attorney in immigration law. I recently stumbled over the 245 issue. Some of our clients are on H1B status, legally present here in the US, without violations since H1B status. A few initially came into the US on an F-1 visa and frequently left for short overseas visits and re-entered without problems.

    Now, on H1B status, these clients want to eventually file for AOS for the Green Card. During their F-1 status it now turns out that many of them had worked without permission. This happend 3 or 4 years back. Are they forgiven their immigration violations under 245(k)?

    Does 245(k) at all apply considering that they obtained H1B status while in the US, then went abroad to get an official visa in the passport, and then re-entered with that visa? Considering that, would past violations count or does the quest for inadmissability only count from the date of last entry?

    Thanks for your feedback.

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