has the 245 been extended? I thought I may have read it somewhere on fairus.org. Please any info about this and what the particulars are would be great. Also if it has not been extended then where is it standing in Congress? Thank you in advance.
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245
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2) Proper filing of application --
(i) Under section 245. (A) An immigrant visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act See § 245.1(g)(1) to determine whether an immigrant visa is immediately available. (Paragraph (a)(2)(i) revised 7/31/02; 67 FR 49561)
(B) If, at the time of filing, approval of a visa petition filed for classification under section 201(b)(2)(A)(i), section 203(a) or section 203(b)(1), (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition, provided that it meets the filing requirements contained in parts 103 and 245. For any other classification, the alien beneficiary may file the adjustment application only after the Service has approved the visa petition.
(C) A visa petition and an adjustment application are concurrently filed only if:
(1) The visa petitioner and adjustment applicant each file their respective form at the same time, bundled together within a single mailer or delivery packet, with the proper filing fees on the same day and at the same Service office, or;
(2) the visa petitioner filed the visa petition, for which a visa number has become immediately available, on, before or after July 31, 2002, and the adjustment applicant files the adjustment application, together with the proper filing fee and a copy of the Form I-797, Notice of Action, establishing the receipt and acceptance by the Service of the underlying Form I-140 visa petition, at the same Service office at which the visa petitioner filed the visa petition, or;
(3) The visa petitioner filed the visa petition, for which a visa number has become immediately available, on, before, or after July 31, 2002, and the adjustment applicant files the adjustment application, together with proof of payment of the filing fee with the Service and a copy of the Form I-797 Notice of Action establishing the receipt and acceptance by the Service of the underlying Form I-140 visa petition, with the Immigration Court or the Board of Immigration Appeals when jurisdiction lies under paragraph (a)(1) of this section.
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This is cut and paste from the Law DB
Sec. 245a.12 Filing and applications.
(a) When to file. The application period began on June 1, 2001, and
ends on June 4, 2003. To benefit from the provisions of LIFE
Legalization, an alien must properly file an application for adjustment
of status, Form I-485, with appropriate fee, to the Service during the
application period as described in this section. All applications,
whether filed in the United States or filed from abroad, must be
postmarked on or before June 4, 2003, to be considered timely filed.
(1) If the postmark is illegible or missing, and the application
was mailed from within the United States, the Service will consider the
application to
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be timely filed if it is received on or before June 9, 2003.
(2) If the postmark is illegible or missing, and the application
was mailed from outside the United States, the Service will consider
the application to be timely filed if it is received on or before June
18, 2003.
(3) If the postmark is made by other than the United States Post
Office, and is filed from within the United States, the application
must bear a date on or before June 4, 2003, and must be received on or
before June 9, 2003.
(4) If an application filed from within the United States bears a
postmark that was made by other than the United States Post Office,
bears a date on or before June 4, 2003, and is received after June 9,
2003, the alien must establish:
(i) That the application was actually deposited in the mail before
the last collection of the mail from the place of deposit that was
postmarked by the United States Post Office June 4, 2003; and
* * * * *
(d) * * *
(1) The Form I-485 application fee as contained in 8 CFR
103.7(b)(1).
(2) The fee for fingerprinting as contained in 8 CFR 103.7(b)(1),
if the applicant is between the ages of 14 and 79.
* * * * *
(10) Proof of citizenship skills as described in Sec. 245a.17. This
proof may be submitted either at the time of filing the application,
subsequent to filing the application but prior to the interview, or at
the time of the interview.
* * * * *
(f) Evidence. * * * Subject to verification by the Service, if the
evidence required to be submitted by the applicant is already contained
in the Service's file or databases relating to the applicant, the
applicant may submit a statement to that effect in lieu of the actual
documentation.
* * * * *
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245(a) is a general instruction to file I-485 when a visa is available.
The original poster meant 245(i), which allows illegal immigrant who is a beneficiary of an immigrant petition to ADJUST his status IN THE US without leaving the country. Ai ?
245(i) is still in debating, if not dead already, in the twilight land of D.C. Ai ? It's a big news if it's actually extended, and there should be posting all around the corners. Ai ?
SO HE MEANT 245(I), NOT 245(A)
AI ?
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