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  • #16
    245(i) is NOT an amnesty.
    In order to take advantage of section 245(i) of the INA you HAVE to be eligible otherwise to adjust status. What would qualify you is a spouse who's a LPR or UCS or an employer who's willing to sponsor you for a green card.

    245(i) allows you to file for adjustment of status while in the US plus $1000 dollars fee.

    As of now (without 245(i) on the books) you have to go back to your home country to go through consulate/embassy processing and be subject to 3/10 year bar on re-entry depending on how long you overstayed your visa. (over 180 days is 3 years, over 1 year 10 years). That's why nobody wants to leave the country. There're waivers for this bar which is VERY hard to get approved.

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    • #17
      deport illegal aliens

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      • #18
        Would be usc
        I did not have a B1/2 visa. I had a J1 visa that was good for 18 mos. I learned after it expired that I could have applied for an adjustment of status as my employer was (and still is) willing to sponsor me. I simply went to the SS office and got my number. I continue to use it today. Do you really think you can help?

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        • #19
          SSC is obtained easily enough with proper I.D. If not USC or can prove Permanent Residence, it will be issued with "Can work only with INS authorization" as well as the SS number. As you all are aware, I-9 used by employers reguires I.D., SSN, and documentation that INS authorization (EAD, Permanent Resident, H1B, etc.)is present.

          I.D. can be obtained with proof of residence in a community (bank account, lease, utility bills, etc.) in your name.

          None of this is illegal.

          Working without authorization (if you can find a job that will hire you) is illegal.

          They are working menial jobs part time at many places, as for a permanent job they can't get over the I-9 hurdle.

          The question still stands, "Can 245i apply, or is there another way to get in status".

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          • #20
            Ken & qwerty,
            The only way to regularize ur overstay is through marriage to usc.However, u need to have divorce paper from ur present spouse, if u are already married. 245(i) is not going to help u in any way because u both have entered usa with a visa. All those who crossed border without any visa can use 245(i),that too either through marriage or job sponsership.
            So my advise is not waste time or money on any other petition.

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