Announcement

Collapse
No announcement yet.

245i

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 245i

    I filled for labor cert.when 245i was in last year, unfortunately my sponsor died so i have to withdrew my application from labor dept. now i have new sponsor can I still fill for labor cert. under 245i?

  • #2
    I filled for labor cert.when 245i was in last year, unfortunately my sponsor died so i have to withdrew my application from labor dept. now i have new sponsor can I still fill for labor cert. under 245i?

    Comment


    • #3
      On March 12, the House of Representatives passed HR 1885, a bill that would temporarily restore section 245(i) of the Immigration and Nationality Act. Section 245(i) enables many undocumented immigrants who qualify to become lawful permanent residents (LPRs) to apply while remaining in the US, so long as they meet the requirements of the section and pay a $1,000 penalty with their applications. Section 245(i) was most recently extended in 2000 by the Legal Immigration and Family Equity (LIFE) Act, which set the cutoff date for qualifying for 245(i) at April 30, 2001.



      The new version of 245(i) would extend the filing deadline to either November 30, 2002 (the Saturday after Thanksgiving) or (if earlier) 120 days after INS issues regulations for the new version. In other words, immigrants would qualify to apply for residency under 245(i) if their sponsoring petition is filed on or before the new cutoff date. (For an explanation of the immigration process, see the appendix below.)



      The new version, however, adds a significant new restriction: anyone whose petition is filed after April 30, 2001, would need to show that the relationship on which the petition is based existed before August 15, 2001. This new restriction means that anyone who would be sponsored based on a marriage, an adoption, or an employer's filing of a labor certification application on or after that date will NOT qualify under the new 245(i).



      The LIFE Act requirement that immigrants whose petitions were filed after January 14, 1998, show that they were physically present in the US on December 21, 2000, would still apply.



      The House passage of this bill is only the first step. The bill still needs to be approved by the Senate and signed by President Bush. It is not clear when these steps will take place. In the meantime, it will be very important to keep in mind and to inform our constituents that

      · The new 245(i) is not yet law.

      · The new 245(i) would not create a new amnesty.

      ICIRR will provide further updates as this proposal moves forward.


      On March 13, President Bush signed HR 1892, the Family Sponsor Immigration Act. This new law helps immigrants whose sponsor dies before they complete their immigration processing. Generally, when a sponsoring relative dies, the sponsor's petition is automatically cancelled. In many cases, the immigrant can ask INS to keep an approved petition alive based on humanitarian reasons, and thus allow the immigrant to continue with her immigration process. The immigrant, however, still needs to provide INS with an I-864 affidavit of support signed by her sponsor. If the sponsor is dead, the immigrant cannot meet this requirement.



      The Family Sponsor Immigration Act addresses this problem by allowing the immigrant to have another relative complete the affidavit of support. The list of relatives who may complete the I-864 includes the immigrant's spouse, parent, mother- or father-in-law, sibling, son or daughter (if 18 or older), son- or daughter-in-law, sister- or brother-in-law, grandparent, grandchild, or legal guardian.



      This new law covers all cases in which the sponsor died, regardless of when the death occurred. If the sponsor died before March 13, 2002, however, the immigrant must formally request that INS reinstate the sponsoring petition, and must show that she can meet the affidavit of support requirement based on having a relative who can now act as a substitute sponsor under the new law.



      It is not clear how soon INS will begin implementing this new law.

      Comment


      • #4
        Xandtrick,

        About this...

        "anyone whose petition is filed after April 30, 2001, would need to show that the relationship on which the petition is based existed before August 15, 2001. "

        I am going to marry my fiance as soon as possible. They would not let me visit him, much less marry him, while he was in the federal detention awaiting transfer to INS detention for removal proceedings. If we were to get married before this date, and I filed the petition, do you think it would apply? I mean, we can prove that we had the relationship, but by relationship do you think they mean the actual marriage? A lawyer once told me that one would only have to prove that the relationship, not the actual marriage, existed before the cut-off date. Hmm... sounds like an impossibility, but just thought I'd ask. I've always wondered, but pretty much dismissed it.

        Anyway, the input you provided was very helpful I'm glad you could help this person.

        Thanks in advance for any input!
        juju

        Comment


        • #5
          I wish I could help you but I don't know the answer either. The way I read this, I think you should be OK, but like I said that's my view.

          Comment


          • #6
            xandtrick,

            i was reading your thread below. my question is. has the 245i extended to November, 2002 or it's going to be extended. also, people who can only sponsor are relatives who are permenant res or USC? Can people still file to adjust their status now?
            thnks

            Comment


            • #7
              I don't know if this exception will be implemented soon or not, it still has to be approved by President Bush.

              Yes, only LPR and/or USC can sponsor AOS.



              I am not a lawyer, so please doublecheck any information given by my or anyone else for that matter with a certified lawyer before you take any further action.

              Comment


              • #8
                DO YOU KNOW PLEASE WHO CAN APPLY FOR i245 ? I heard only people who came here illegaly..what about people married to USC and whose AOS were denied , I-1601 waiver for hardship denied... do they qualify ???
                thank you for your information and help..

                Comment


                • #9
                  245i was meant for aliens without proper documentation but it is currently not in effect.

                  No one knows either when it will be extended or extended at all.

                  What were the reasons given for your denials?



                  I am not a lawyer, so please doublecheck any information given by myself or anyone else for that matter with a certified lawyer before you take any further action.

                  Comment


                  • #10
                    thank you xan ...
                    Denial for misrepresentation...
                    when I came here with a tourist visa I did not
                    say that my husband was a USC.
                    Have 2 usc kids...have been here for 6 years...
                    but still the I-601 was denied...some people said that I have to keep filing for AOS.

                    Comment


                    • #11
                      What happened to you? Can you please elaborate further the extent of what happened to your application? Did these things happened way back when you applied for tourist visa in your country? Then during interview process, you did not disclose everything, they just found it out thru background check, right?
                      You see, some of these IO are compassionate people. They don't care if you came illegally as long as you don't lie to them.There are waivers for that, but I guess yours was denied. I have been browsing that site re- I-601 and it's really hard to get it unless you convince them of extreme hardship on the part of your children and spouse.They don't care about you! Extreme hardship means health deterioration on the part of your husband and kids and also if one of your family has a chronic ailment that needs special care and they need you for support. Of course there should be doctor's recommendation.
                      I hope you get a good lawyer to help you.

                      Comment


                      • #12
                        I understand that the 245i is not current now and that no new visa petitions can be submitted now under this, but what happen to the visa petitions that were filled before and the cases are not still current.

                        the I-485 is supposed to be filled when the case is current after the I130 was approved. I'm I right?

                        Comment


                        • #13
                          I think if you have a visa petition that was grandfathered by 245i, you don't have to wait for the new 245i.It's just as good as having the most awaited 245i.Maybe some people here in this site know what I'm talking about.They can explain that better than me because I'm just new too.

                          Comment


                          • #14
                            Thanks un-lucky

                            I was told that the beneficiary just need to wait until a visa for their case is available

                            Comment


                            • #15
                              Legislation extending 245i was dropped after the of 9-11 attack. In March this year Bush pushed the idea again. The House passed it but in the senate, senator Bird and others objected on grouds of national security. The bill died and the While House made no protest.


                              There is a new bill by the Democrat with an eye to win the allegiance of Latino voter. The bill would grant amnesty to illigal immigrants who have been in the country for al east 5 years, and have worked for 2 years and can pass a background check. There is another bill that would help certain undocumented high school students apply for college and gain legal status in the U.S.

                              Let us rally our politicians on this.

                              Comment



                              Working...
                              X