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Thread: Registration and 245(i)

  1. #1
    Guest
    I came to US in 1998 on a visitor visa. I applied for 245(i) and now my file is still in pending in Texas Work Force Commision who said it will take 1 or 2 months more to be processed. Not to mention that its been almost more than an year. On the other hand I have to go to special registration before Feb 21st.

    I spoke with some attorneys and they said that INS will not accept my letter from Texas Work Force since there was no adjust of status filed yet.

    Did someone in my situation went to register?

    Please help!

  2. #2
    Guest
    I came to US in 1998 on a visitor visa. I applied for 245(i) and now my file is still in pending in Texas Work Force Commision who said it will take 1 or 2 months more to be processed. Not to mention that its been almost more than an year. On the other hand I have to go to special registration before Feb 21st.

    I spoke with some attorneys and they said that INS will not accept my letter from Texas Work Force since there was no adjust of status filed yet.

    Did someone in my situation went to register?

    Please help!

  3. #3
    Guest
    I too came to the US in 1998 (B2 Visa) and also had a sponsor applying for my Alien Employment Certification (April 2001) according to Section 245(i). This application is still pending and according to their (EDD CA) information I'll have to wait one more year!
    My attorney said that the fact that I have this application pending does not protect me from being deported. Even though my country of origin is not listed yet for mandatory registration, I will do so when the time comes. Section 245(i) was my first "door" made accessible so far to become legal and, therefore, more productive in this country. I understand that the Special (soon General) Registration is my next chance. If none of these legal courses of action serves their objective, I'll have to wait five more years when I'll become eligible for a different benefit. Patience.

  4. #4
    Guest
    Our immigration laws allow qualified individuals to enter the United States as lawful permanent residents ("green card" holders) after they obtain immigrant visas from a consulate or embassy outside the United States or, for many immigrants already lawfully in the United States, through a process called "adjustment of status." If you entered the United States unlawfully, if you entered with permission but did not stay in lawful status, or if you worked without permission, you normally would have to leave the United States in order to apply for an immigrant visa. Special rules under section 245(i) may allow you to apply to adjust status without leaving the United States.

    You might need section 245(i) if you:

    Entered the U.S. without being inspected by an INS official.

    Stayed in the U.S. longer than allowed by INS.

    Entered the U.S. as a worker on an aircraft or ship (crewman).

    Entered the U.S. as a "Transit Without Visa."

    Failed to continuously maintain a lawful status since your entry into the US.

    Worked in the U.S. without INS permission.

    Entered as an "S" nonimmigrant (relates to witnesses about criminal or terrorism matters).

    Are seeking a work-related visa and are out of status at the time of filing the application to adjust status (Form I-485).

    Worked in the U.S. while being an "unauthorized alien."
    NOTE: There are some groups that may not need to use section 245(i).

    The spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age if he/she was inspected and lawfully admitted to the United States, but subsequently overstayed his/her authorized admission or worked without permission, may apply for adjustment of status under section 245(a) and does not need to use section 245(i).
    Certain persons who are eligible for certain employment-based immigrant visas and who were inspected and lawfully admitted to the United States, but have not violated their status or worked without permission for more than 180 days, do not have to apply for adjustment of status under section 245(i). They may be able to use section 245(k).

    Now you both let me know whare you are qualify for 245i.. both of you are entered legally.

  5. #5
    Guest
    Post your more information. when you filled and what was the base is it overstayed? did it filled in time? are you guys married to USc ? etc.

  6. #6
    Guest
    Thanks, Mohan, for your prompt reply.

    I entered in this country legally (B2 Visa) in Apr 98 and overstayed. I am illegal since Oct 98. I have never left the country since my arrival - and I don't intend to do that until legalized. I have never contacted an INS office so far. I am not married to a USC - my wife came and stayed with me and she is in the same situation: B2 Visa overstayed. My son was born in the USA in 2000. I have been working in the US for five years, even though I have a legal SSN card that says "Not Valid for Employment". My wife does not work. I have been filing my tax returns since the first year and I get tax refunds automatically deposited to my bank account - usually because I overpay my Estimated Taxes. I have been contributing to the Social Security. I have a good credit record - always paid bills timely. I have never committed any aggravated felony. I do not have a driver's license and - of course - I do not drive (it may sound ludicrous, but I have seen others driving undocumented). I make monthly donations to charities and can prove that. I applied to volunteer to the Police Department in Feb 01 - mainly because I was a police officer in my country and I feel bad being an "outlaw" - and had my fingerprints done and information sent to the Department of Justice and FBI - including copy of passport and expired I-94. My application was declined solely because I am not a USC, even though the Inspector said that "according to your background checking, your an honorable person."

    What I'm trying to say is: the Government knows that I am here and who I am. That I live and work illegally in the US. And, for that matter, that I am a "criminal." They know my current address. They know where I work. They have access to my credit records and banking information.

    I know a person who went to an INS office last year and presented himself: also a B2 Visa overstayed. He told an agent his history and asked for help. The agent told him to go away and wait for changes in the Law. Wasn't he supposed to instantaneously detain the illegal overstayed B2?

    My guess is that the INS does not consider people like myself a "priority" and reckon that we offer no risk of hazard to this society, despite our "illegal activities."

    Isn't that strange?

    So, I benefited from Section 245(i) because I:

    - Stayed in the US longer than allowed by INS.
    - Failed to continuously maintain a lawful status since your entry into the US.
    - Worked in the US without INS permission.

    Based on that, a sponsor applied for my Alien Employment Certification on Apr 30 2001. This application is currently with EDD in Sacramento, CA, and they told me to wait until next year based on my paper's Priority Date. This is a very slow process.

    The bad news is that this business - my sponsor - closed down its doors back in May 01 due to the recession. So, it's over. However, I know other two business owners who are willing to apply for my Labor Certification, if possible. But I decided to wait for the EDD's analysis on my process.

    If nothing positive happens and if the Law doesn't allow these new sponsors to help me, I will wait a little bit longer and initiate legal procedures based on Section 240A (b) (1). This will be possible on or after Apr 08, I believe.

    Any orientation from you, dear Mohan, would be greatly appreciated. Thanks. God bless.

  7. #7
    Guest
    Sorry. This is the correct info:

    "The bad news is that this business - my sponsor - closed down its doors back in MAY 2002 due to the recession."

  8. #8
    Guest
    Dear Mohan,

    Above you'll find the additional information request. Thanks.

  9. #9
    Guest
    Sounds like a similar situation to me. I have worked in the US on H1B for a number of years then met a company that totally screwed me by not filing paperwork. I left the US before my H1B and I94 expired, applied for a B1 and re-entered in November 2001 and have been here ever since. I have not worked illegally, living off of my savings, publishing my writing, and the good will of friends. My B1 is good for 10 years but the I94 expired after three months. Now I have a company willing to sponsor me for a new H1B or LCA. I am interested in any responses you get.

  10. #10
    Guest
    Im in a similar situation - Portho's. Can I count on having my labor certification authorized? Thank you, Mohan.

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