AP/245i LIFE Act

S

sunshine3d

Registered Users (C)
I got a 245i LIFE Act letter from INS back in October 2003 stating that I worked without authorization therefore I was penalized $1000 and my job sent I485 supplement A...because of this I was told that there's a risk that I may not be able to re-enter US (if I travel abroad) even if I have an approved Advance Parole. Have you guys heard of this?

I was planning to go to HK in August but I'm worried now after hearing this info.

Please advise. Also, do you know which airport in the East Coast that's easy to re-enter.


Thanks in advance for your reply.
 
Don't go

You will have to wait until your 485 is approved and your passport is stamped before you can think about leaving the country.

If they turned you into a 245i case, there is a substantial risk that you would be denied admission. They have obviously found that you violated some of their rules, you are at their mercy now.

Even if they approved you for AP, it doesn't mean they will let you in. Bizarre but true. Check out the CIS website.

(I am not a lawyer, talk to one)
 
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hadron said:
If they turned you into a 245i case, there is a substantial risk that you would be denied admission. Only if you continuously stay in the US you will be eligible to adjust under 245i.
Click to expand...

On what basis are you claiming 245i relief? Did you ever accumulate illegal presence, or was this simply an out of status/illegal employment period of more than 180 days?

The 3/10 year bars are severe, severe stuff - you should consult with an attorney to ensure you are not subject to them. If you are 110% certain you are not, you can travel. 245i relief in and of itself does not make one inadmissible, nor does it require continual physical presence in the United States.
 
thanks

thanks so much for your reply!!

I dont like the lawyer that my employer is using bec. he is not accessible at all. I always speak to his secretary..his secretary keeps saying that I should be OK...but it would be better if I hear it from the attorney himself.

So I decided to go to another attorney who does not handle my case but is an immigration lawyer, he did advice me not to go...I guess I'm just so disappointed bec I already bought my ticket and everything and then this..it really sucks!! My priority date is June 2002...does anyone know what month/year they're processing now? Is it still February 2002?
 
sunshine3d said:
I wasnt out of status..they claimed that I was employed without authorization
Click to expand...

Did you? If you didn't there was absolutely no reason to pay the $1000 fine and claim 245i relief. If you did, how long for?

Second, if you never overstayed an I-94 then you have nothing to fear from the re-entry bars. Your second attorney does not appear to be much better than your first.
 
Just to give you a little background of my visas...I had H4 stamped in my passport in 1997, right before it was about to expire (about 4 days before) I was granted a student visa in March 13, 1998...between September 1997 and February 1999 is when I worked without authorization. On the 245i letter it states that "...it appears that you have been out of a lawful nonimmigrant status for over an aggregate of 180 days"...

:( :confused:
 
do not listen to advice from the internet

STEP AWAY FROM THAT AIRLINE TICKET, KEEP YOUR HANDS WHERE I CAN SEE THEM AND SLOWLY MOVE BACKWARDS AWAY FROM THE PACKED TRAVELCASE.


> "...it appears that you have been out of a lawful nonimmigrant
> status for over an aggregate of 180 days"...

No matter, whether you think you were out of status or not, they apparently think you were. From the lines you quoted here, they have found you to be out of status for more than 6 months and that is the only opinion that counts at this point. If you leave and try to re-enter, they WILL slap you with a 10 year re-entry ban.

You have less than a year until everything will be fine. Don't rush it and screw up everything you have worked for so hard.

(I'm not a lawyer.talk to a good lawyer, company lawyers work for the company, not for you)
 
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hadron said:
From the lines you quoted here, they have found you to be out of status for more than 6 months and that is the only opinion that counts at this point. If you leave and try to re-enter, they WILL slap you with a 10 year re-entry ban.
Click to expand...

You are aware of the difference of being out of status and illegally present, aren't you? You can be out of status but not accumulate any days of illegal presence. Illegal presence only accumulates when you overstay an I-94 or a denial notice; and illegal presence is all that counts for the 3/10 year bars.

Our original poster should find himself a good lawyer who understands the difference between illegal presence and being out of status. I agree with you on that subject - anytime you might be subject to the 3/10 year bars you should be extra, extra careful.
 
Well

> You can be out of status but not accumulate any days of illegal presence.

You want to discuss these finer details of immigration law with an officer at the POE ?

There are many different scenarios involving the dates of EOS/COS filings, I94 dates, timing of unauthorized employment etc. etc. It is surely not straightforward, and as they won't tell you up front whether you bought yourself a ban I would certainly err on the side of caution. Especially if the company lawyer is an ignorant prick who doesn't care to research the issue and discuss it with the client.


http://www.immigrationlinks.com/news/DHS Counsel Discusses Unlawful Presence in COS and Ext.pdf
 
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