Who qualifies for the (i)245 protection?

M

Manalive

Registered Users (C)
I filed I140 in 2000.

1. What is the (i)245 protection?
2. Who qualifies for it?
3. What can I do if I qualify?
 
1. 245(i) protects people living illegally and be able to adjust status in US without a legal entry.
2. A petition must be filed for such person before April 30th, 2001.
3. If you have legal entry and maintained legal status in US until now you don't even need to use 245(i), if not you can use it since your petition was filed in 2000.
 
In order for the old petition or the labor cert underlying it to be used, it must have been "approvable when filed" meaning not frivolous, the required relationships existed at the time, it was meritorious in fact, and the principal applicant/beneficiary of the original petition/cert. must meet the physical presence requirement (derivatives do not need to meet physical presence but must qualify otherwise).

Search for the factsheets, press releases, Federal Register Notices, and memos on this topic on www.uscis.gov
 
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