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Thread: 245i

  1. #1
    Guest
    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. #2
    Guest
    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?

  3. #3
    Guest
    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.

  4. #4
    Guest
    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

  5. #5
    Guest
    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.

  6. #6
    Guest
    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

  7. #7
    Guest
    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.

  8. #8
    Guest
    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..

  9. #9
    Guest
    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.

  10. #10
    Guest
    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.

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