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  • Help needed in understanding 245i

    Hi Guys,

    I have questions about 245i, as to who can qualify and adjust status under it. I am an LPR, filed petition for my spouse 2 yrs ago. Spouse is on multiple entry visitors visa. My concern is if 245i gets enacted again,

    1. Will my spouse be able to adjust his status, if he is present in the US during that time frame?
    2. Does anybody know what are the chances of it being passed?
    3. When would it get enacted again month/year?

    It would be very helpful if anybody could provide me information regarding 245i and if it could be of any help to me. I did look up at the website and found it confusing, may be I am interpreting it wrong. But as the trend shows it gets passed every 2 yrs. Thanks a lot.

    Mandy

  • #2
    Hi Guys,

    I have questions about 245i, as to who can qualify and adjust status under it. I am an LPR, filed petition for my spouse 2 yrs ago. Spouse is on multiple entry visitors visa. My concern is if 245i gets enacted again,

    1. Will my spouse be able to adjust his status, if he is present in the US during that time frame?
    2. Does anybody know what are the chances of it being passed?
    3. When would it get enacted again month/year?

    It would be very helpful if anybody could provide me information regarding 245i and if it could be of any help to me. I did look up at the website and found it confusing, may be I am interpreting it wrong. But as the trend shows it gets passed every 2 yrs. Thanks a lot.

    Mandy

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    • #3
      Anyone? Please reply, Mohan, Lord????

      Comment


      • #4
        The last attempt at 245I came a year ago , citizens shut down the switchboard in Wash. D.C.with calls in protest ,the bad news is that there will never be a 245I again,. Maybe a worker program at best. Illegal immigration is costing natives 70 billion a year, Calif is bankrupted by it and the schools over run , hospitals are shutting down because of it.You can't except it to continue as it is. NO MONEY LEFT.

        Comment


        • #5
          Hispanic Legislator had asked Mr. Buhs yesterday to reenact 245(i) yesterday, I am looking for the outcome of this petition.

          Comment


          • #6
            Acelaw:

            HAVE YOU EVER FIGURE OUT HOW MUCH ILLEGAL ALIENS PDRODUCE IN A YEAR? I ASSURE IS MUCH MUCH MORE THAN 70 BILLION.

            Comment


            • #7
              Mandy

              To answer your questions:
              1) Your spouse can adjust under INA 245 (normal LPR process) if he entered legally and was inspected and admitted by Immigration, is not inadmissible (out of status, criminal, etc.) and he is eligible for a visa. So if your spouse is in the US on a tourist visa and the I-130 priority date is current and he is in status, he can adjust. If he is not in status, he could adjust if you became a US citizen. 245(i) isn't essential for your situation.

              2) No one knows, but the chances of 245(i) being reinstated (the way it used to be) by the current Congress is very small. 245(i) only came back for a brief period as part of the LIFE Act, a shoddy piece of legislation cobbled together at the last minute and tucked into an appropriations bill. The essential elements of 245(i) (relief for spouses, children, or employees who have fallen out of status or who entered without inspection) may come back in the future, but it will probably be in a different form with more restriction than the original 245(i).

              3) When? If I could predict that (or knew anyone else who could) I would be in Vegas right now, but it probably won't be while the current legislators are in office. Check again after the 2004 elections.

              A note on 245(i): 254(i) was a waiver only for entry without inspection and certain grounds of inadmissibility such as visa violations, overstay, and illegal employment. Mexicans, Canadians, and South and Central Americans are assumed to have gotten here easily by land or sea. For the rest of the world, it is much harder to "prove" entry without inspection. Generally you have to be able to show legal entry into another part of the Americas (e.g. a visa to Canada) for EWI by land or have been on one of the Chinese "asylum" ships for EWI by sea. 245(i) did not cover fraudulent entry. So if you came to the US with fake documents and were admitted by Immigration, that is fraud, not EWI, and therefore not covered by 245(i).


              The Grand Poo-Bah
              Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

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              • #8
                read it.
                http://www.immigration.gov/graphics/...section245.htm
                Its a discussion, not a legal advise..

                Comment


                • #9
                  Thanks everyone for replying. Lord, I appreciate your detailed information, this is very helpful.
                  I have one more question:
                  The normal LPR process takes 5 yrs and so does the priority date to become current, am I correct? So thats why I wanted to take advantage of 245i(incase it gets enacted again), I understand its not essential in my case, but will my spouse qualify under 245i or he has to be out of status in order to do so?
                  Thanks,
                  Mandy

                  Comment


                  • #10
                    245(i) is a penalty. You do not want to have to take advantage of it. You pay $1,000 and certain ineligibilities for adjustment of status get taken away IF you are otherwise eligible for adjustment. It does not change any other part of the process. You still have to wait for the priority date of the immigrant petition to become current.

                    You qualify for 245(i) by having a petition or labor cert filed before April 30, 2001 and having been in the US prior to December 21 2000.

                    You require 245(i) to adjust in the US if you are a visa violator (out of status or have worked illegally) and are not an immediate relative, or if you are in the US without a visa (EWI, jumping ship, TWOV).

                    If you require 245(i), but do not qualify for 245(i) then you can not adjust in the US. You have to leave the US and apply for an immigrant visa. This wouldn't be a huge problem except for the 3/10 year bar.

                    The Grand Poo-Bah
                    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

                    Comment


                    • #11
                      Lord, I just have two words for you: You Rock! I know you aren't here looking for a "pat on the back," but your explanation here was both concise and nuanced. Outstanding.

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