nope....you can benefit from 245(i)....if you out of status
my lawyer send this to me(I don’t think you have been out of status. But if you have, then you would get to benefit from this legislation if it is passed.)
message in paranthesis was from my lawyer....the following is the law....now relax and pray for this bill pass and then get yourself out of status.....then what? BINGO....you get your GC....now just relax
245(i) Legislation Progress
The meeting between U.S. President, George W. Bush, and Mexican President, Vicente Fox, scheduled for March 22, 2002 has generated a burst of legislative activity on the extension of Immigration and Nationality Act Section 245(i). The House of Representatives passed a bill that, if enacted into law, would extend section 245(i) in a limited manner. This section of law grants eligibility for adjustment to permanent residence status to individuals who would otherwise be ineligible due to status and entry violations. These individuals must meet all other “green card” requirements, such as having an approved petition through an employer or relative, and they must pay a substantial, additional filing fee now set at $1,000.00.
Section 245(i) is currently available to individuals who are the beneficiaries of family- or employment-based cases filed on or before April 30, 2001, and who were present in the U.S. on December 21, 2000. Under the proposed legislation, the deadline seems to be extended to November 30, 2002. In order to utilize this provision, however, the underlying family relationship must have existed prior to August 15, 2001. Or, in employment-based cases, the labor certification must have been filed prior to August 15, 2001. Additionally, the extension is until November 30, 2002 OR until four months after the INS issues implementing regulations, whichever is earlier.
While any beneficial change in immigration law is welcomed, the particular provisions in this instance are very limited and restrictive. The short timeframe is bound to cause confusion and problems, as it did when the LIFE Act reinstated section 245(i) between December 21, 2000 and April 30, 2001. It takes time for foreign nationals to learn about the laws and to take action based upon the information. This is particularly true of those with limited education, financial resources, and English language skills. Yet, this is the precise population that may stand to benefit the most from 245(i), as it provides the only means to adjust status to permanent residence for those who entered the U.S. without proper INS inspection.
The President is expected to sign this bill into law, if it is passed by the Senate.