My friend filed his I-140 in March 2001, and got I-485 approved last month. He has been in US since 1996. He found in Feb 2002 that he was out of status since Jan 1, 2002. He tried to fix it but just now INS denied his application. He is considering going back to home country now to apply for H-1B visa or do CP, because in June end he will be out of status for 6 months and thus trigger the 3-year bar. But He just found he might be able to take the 245i and file I-485 directly. I know that 245i said if you were in US on 12/18/00, and filed GC application (LC or I-140) before 4/30/01, you will be OK to get the GC even you are out of status. Now the question is that should the out of status start before 4/30/01?? My friend was out of status on 1/1/02. Can he still use the 245i?? Please help, as time is limited to decide whether go home now or stay to file 485.
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Out of status (245i) question. Please help.
- Thread starter Gking1
- Start date
GKing, Copy/Paste this Doc to your friend... Good luck!
New 245(i) Extension Bill Introduced
A new, more expansive 245(i) extension was introduced in the Senate on May 9, 2002.
The bill, sponsored by Senate Majority Leader Tom Daschle (D-SD), is known as the "Uniting Families Act of 2002." This legislation would extend the filing deadline for 245(i) eligibility to April 30, 2003, rather than the current date under the LIFE Act of April 30, 2001. The new bill would maintain the LIFE Act requirement that the applicant must have been physically present in the U.S. on December 21, 2000.
The filing deadline means that a labor certification application or an employment- or family-based petition must be filed by that date to preserve 245(i) eligibility for the beneficiary and any derivative family members.
Unfortunately, section 245(i) has been the subject of many inaccurate and misleading reports. Therefore, whenever we mention this subject, we take the opportunity to explain what section 245(i) is all about.
As we explained last week (May 10, 2002) in our article President Voices Support for INA Section 245(i), 245(i) provides a procedure for individuals to be allowed to obtain permanent residence even if they had been out of status or made an improper entry to the U.S. It does not provide an amnesty or a new way to obtain permanent residence. These individuals must be eligible for permanent residence in all respects, usually based on family or employment relationships. All 245(i) does is enable a person to complete the process from within the U.S. rather than having to travel to a consulate overseas. This provision is important because certain persons who have remained in the U.S. without legal status would be subject to a 3-year or 10-year bar on returning to this country if they travel abroad. Section 245(i) also does not expedite the green card process in any way.
The Daschle bill is more liberal than previous 245(i) reinstatement / extension provisions. A House of Representatives version mentioned in other articles available on MurthyDotCom would require that a person already have filed the labor certification by August, 2001, i.e. a date in the past. In contrast, this new bill extends the filing date to one year in the future, providing a real opportunity. Also, the bill does not have set dates by which the family or employment relationship had to be established.
Opponents to this bill are using fear in an attempt to mischaracterize 245(i) and the nature of the benefit it provides. Many proponents of 245(i) are supporting a more narrow extension. The outcome remains to be seen.
New 245(i) Extension Bill Introduced
A new, more expansive 245(i) extension was introduced in the Senate on May 9, 2002.
The bill, sponsored by Senate Majority Leader Tom Daschle (D-SD), is known as the "Uniting Families Act of 2002." This legislation would extend the filing deadline for 245(i) eligibility to April 30, 2003, rather than the current date under the LIFE Act of April 30, 2001. The new bill would maintain the LIFE Act requirement that the applicant must have been physically present in the U.S. on December 21, 2000.
The filing deadline means that a labor certification application or an employment- or family-based petition must be filed by that date to preserve 245(i) eligibility for the beneficiary and any derivative family members.
Unfortunately, section 245(i) has been the subject of many inaccurate and misleading reports. Therefore, whenever we mention this subject, we take the opportunity to explain what section 245(i) is all about.
As we explained last week (May 10, 2002) in our article President Voices Support for INA Section 245(i), 245(i) provides a procedure for individuals to be allowed to obtain permanent residence even if they had been out of status or made an improper entry to the U.S. It does not provide an amnesty or a new way to obtain permanent residence. These individuals must be eligible for permanent residence in all respects, usually based on family or employment relationships. All 245(i) does is enable a person to complete the process from within the U.S. rather than having to travel to a consulate overseas. This provision is important because certain persons who have remained in the U.S. without legal status would be subject to a 3-year or 10-year bar on returning to this country if they travel abroad. Section 245(i) also does not expedite the green card process in any way.
The Daschle bill is more liberal than previous 245(i) reinstatement / extension provisions. A House of Representatives version mentioned in other articles available on MurthyDotCom would require that a person already have filed the labor certification by August, 2001, i.e. a date in the past. In contrast, this new bill extends the filing date to one year in the future, providing a real opportunity. Also, the bill does not have set dates by which the family or employment relationship had to be established.
Opponents to this bill are using fear in an attempt to mischaracterize 245(i) and the nature of the benefit it provides. Many proponents of 245(i) are supporting a more narrow extension. The outcome remains to be seen.
If he filed his I140 prior to April 30/01, he can and should use 245(i).
Fill out Supplement form I-485A and pay the additional $1000. Keep in mind though that since he couldn\'t get his status fixed, Advance Parole will be useless to leave the country. He will have to wait till his GC processing is complete.
Fill out Supplement form I-485A and pay the additional $1000. Keep in mind though that since he couldn\'t get his status fixed, Advance Parole will be useless to leave the country. He will have to wait till his GC processing is complete.
Please check 245(k)
Sorry,
I forgot to mention 245(k). Your friend might be able to file 485 under 245(k). Please check it with your friend and his/her lawyer.
Here are the URLs.
http://www.ins.gov/lpBin/lpext.dll/...emplates&fn=document-frame.htm#slb-act245
http://www.ins.gov/graphics/lawsregs/INA.htm
As for my case, my lawyer isn\'t familiar with 245(k), so we filed 485 under 245(i) instead.
Sorry,
I forgot to mention 245(k). Your friend might be able to file 485 under 245(k). Please check it with your friend and his/her lawyer.
Here are the URLs.
http://www.ins.gov/lpBin/lpext.dll/...emplates&fn=document-frame.htm#slb-act245
http://www.ins.gov/graphics/lawsregs/INA.htm
As for my case, my lawyer isn\'t familiar with 245(k), so we filed 485 under 245(i) instead.
He can definitely use 245i
I was in a similar situation almost 1 year back. Been out of status for more than 1 year unknowingly. Filed 485 under 245i in May 2001 and got approved in Mar 2002 without an RFE/transfer. Your friend can definitely use 245i. But he cannot travel outside U.S. until his GC is approved. You can search for my previous postings in this website. Good Luck to your friend.
I was in a similar situation almost 1 year back. Been out of status for more than 1 year unknowingly. Filed 485 under 245i in May 2001 and got approved in Mar 2002 without an RFE/transfer. Your friend can definitely use 245i. But he cannot travel outside U.S. until his GC is approved. You can search for my previous postings in this website. Good Luck to your friend.