Question... If a person is out of status...

[nhats]

I have a good friend who has been out of status for 3 years is there a legal way for her to get her green card without marrying somebody? She has an employer who will be willing to petition her.

Your input will be appreciated.

 

[sera_sera]

245(i)

I'm not sure about this, don't take this for sure, just take this as a lead

I think there is one rule 245(i) for people who are out of status atleast once and should have been in USA by April 2000 - only those people can avail this rule.

I think your friend can use this rule to file her GC,
again I'm not 100% sure about this
better contact some good attorney about this

hope this helps ur friend

good luck

 

[sk_fl]

245i

This is what 245i is:

The new 245(i) Amendment allows some aliens who are out of status, entered the U.S. without inspection, or violated the terms of their non-immigrant visa to apply for adjustment of status after their immigration petitions are approved.


To be eligible to take advantage of 245(i), the person must meet the following requirements:

1)Physically present in the U.S. on December 21, 2000;
2)An immigration petition or a labor certification application has been filed for the benefit of the alien on or before April 30, 2001; and
3)The immigration petition or the labor certification application must be approvable at the time of filling. (It means that the application is good on its face).


245(i) will allow the alien to apply for adjustment of status even if the alien entered the U.S. without inspection, was out of status, or violated the terms of his of her non-immigrant status. The alien still needs to meet other requirements for adjustment of status to obtain a green card. The 245(i) only lifts three of the bars in the adjustment of status process.

 

[max2k1]

This is what 245i is:

The new 245(i) Amendment allows some aliens who are out of status, entered the U.S. without inspection, or violated the terms of their non-immigrant visa to apply for adjustment of status after their immigration petitions are approved.


To be eligible to take advantage of 245(i), the person must meet the following requirements:

1)Physically present in the U.S. on December 21, 2000;
2)An immigration petition or a labor certification application has been filed for the benefit of the alien on or before April 30, 2001; and
3)The immigration petition or the labor certification application must be approvable at the time of filling. (It means that the application is good on its face).


245(i) will allow the alien to apply for adjustment of status even if the alien entered the U.S. without inspection, was out of status, or violated the terms of his of her non-immigrant status. The alien still needs to meet other requirements for adjustment of status to obtain a green card. The 245(i) only lifts three of the bars in the adjustment of status process.

So, in effect, you cannot use 245(i) to start the GC process right now (starting all the way from labor ) .... is my understanding correct ??
Because (2) states that the petition must be pending on or before April, 2001.

So is there a way out for someone that's been here illegally to start the GC process now (like how the OP wanted ??) ... other than a GC marriage ?

 

[jkuo44]

Nop, no other way, unless the congress re-activate 245(i). With the Republicans controlling all of the congress, the senate, and the white house, this is not likely to happen. Bush's temporary worker plan, even if it passes later, doesn't look good either, although I'm not familiar with it's details.

245(i) has been on and off during the past decade. In Dec. 2000, just before leaving presidential office, Clinton surprised everybody by signing a bill to open a 4-month 245(i) window, giving a lot of out-of-status people (including me) a BIG Xmas gift. Entering 2001, the atmosphere in the country was growing more freindly towards immigration; a lot of voice was petitioning to make 245(i) perminant; and the Mexican president Fox planned to visit US to push this issue. But Bin Laden and 9/11 destroyed all that. Now the country is steering towards the conservative side. You might need to wait until the Democrats come to power, whenever that will be.