As an immigrant, understanding your legal rights and protections is crucial. One potential avenue for protection is through the provisions of Immigration and Nationality Act (INA) Section 245(i). In this guide, we will walk you through the process of determining if you are eligible for 245(i) protection.

What is Section 245(i)?

Section 245(i) was created to provide a pathway to adjustment of status for certain qualifying immigrants who are otherwise ineligible due to immigration violations or lack of proper documentation. It allows individuals to apply for a green card without leaving the United States, even if they entered unlawfully or violated their nonimmigrant status.

Who is eligible for 245(i) protection?

In order to determine if you are eligible for 245(i) protection, consider the following criteria:

  • Were you the beneficiary of a qualifying immigrant petition or labor certification filed on or before April 30, 2001?
  • Were you physically present in the United States on December 21, 2000?
  • Have you had a visa immediately available to you at the time of filing your adjustment of status application?

If you can answer “yes” to all three questions, you may be protected by Section 245(i).

What are the benefits of 245(i) protection?

If you qualify for 245(i) protection, you can apply for adjustment of status without having to leave the United States. This means you can avoid the potential risks and uncertainties associated with consular processing in your home country. Additionally, 245(i) protection allows you to remain in the United States with your family while awaiting the approval of your green card application.

How to prove eligibility for 245(i) protection?

In order to prove your eligibility, you will need to gather relevant documentation, including:

  • Copies of qualifying immigrant petitions or labor certifications filed on or before April 30, 2001
  • Evidence of physical presence in the United States on December 21, 2000 (e.g., lease agreements, bills, bank statements, employment records)
  • Proof of immediate visa availability (e.g., visa bulletin showing your priority date is current)

It is recommended to consult with an experienced immigration attorney who can guide you through the process and ensure that you have the necessary evidence to support your claim.

What if I am not eligible for 245(i) protection?

If you do not meet the eligibility criteria for 245(i) protection, do not lose hope. There may be alternative options available to you, such as family-based immigration, employment-based immigration, or other forms of relief. Consulting with an immigration attorney can help you explore these alternatives and determine the best course of action.

Remember, immigration law can be complex, and it is always advisable to seek professional guidance to fully understand your rights and options.

In conclusion, Section 245(i) can provide valuable protection for qualifying immigrants seeking adjustment of status. By understanding the eligibility criteria and gathering the necessary documentation to support your claim, you can take the first step towards securing your future in the United States.

Quest'articolo è stato scritto a titolo esclusivamente informativo e di divulgazione. Per esso non è possibile garantire che sia esente da errori o inesattezze, per cui l’amministratore di questo Sito non assume alcuna responsabilità come indicato nelle note legali pubblicate in Termini e Condizioni
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