245i Physical Presence Condition.

[Mo007]

Hi

Does anyone know about the Physical Presence Condition on 245i, as far as eligibility, is it a case of being present in the country since Dec 20,2000 upto when you file for AOS? - or you just have to proof you was in the country on the day (DEC 20, 2000) the act was signed by President Clinton?

I was in the US the day of Dec 20, 2000 - and have receipts to proof it. However, I left few weeks later, and came back to the US summer 2001 - and stayed here ever since. I am eligible to AOS under 245i, am not sure if physical presence condition requires a "continous" presence (which I cant find it stated anywhere), to qualify for the rule... all that is asked (on I485A) is to show proof of presence on Dec 20, 2000 - nothing mentioned about "continous" presence or not after that date. Will there be a problem during AOS for not mainting a "continous" presence, to be eligible for 245i Physical Presence Condition?

Thanks for responding.

 

[philaug28]

This was in regard to the LIFE Act

If you were present in the country before december 20 ,2000 and is the beneficiary of a petition filed for you by a family sponsor or a labor certificat sponsor by your employer (wife or parent ) and that petition has been in the uscis before april 30th 2001 you are eligible to stay in the united states for adjustement of status .And in case of being abroad you are qualify for v-visas to come to live & work in the usa while waiting your adjustment of status . But you should have a petion on your behalf sent to the USCIS befor april 30th 2001 .

best regards.