Immigration Act - April 30 deadline?
Mar 29th 2001, 7:34 pm
#1
Guest
Posts: n/a
Can anybody please give me some information about the April 30 deadline regarding
Immigration Act?
1) Does it affect people who want to apply fpr an assylum and are currently
in the US?
2) Does it affect people who want to apply for a green card?
Your help is greatly appreciated!
Immigration Act?
1) Does it affect people who want to apply fpr an assylum and are currently
in the US?
2) Does it affect people who want to apply for a green card?
Your help is greatly appreciated!
Mar 30th 2001, 5:50 pm
#2
Guest
Posts: n/a
HI,
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
Inserting comments.
>
> Can anybody please give me some information about the April 30 deadline regarding
> Immigration Act?
>
> 1) Does it affect people who want to apply fpr an assylum and are currently in
> the US?
No!
>
> 2) Does it affect people who want to apply for a green card?
In some situations it does. In December 2000, Congress passed, and President Clinton
signed, a bill authorizing an extension of the provisions of Section 245(i) for a
limited time. If you can benefit from these provisions you must act quickly.
Section 245(i) of the Immigration and Nationalities Act formerly allowed a person who
was out of status, had entered the US without inspection or who had violated the
terms of his/her admission to adjust status to permanent resident if otherwise
eligible without leaving the country. A penalty of $1,000 was charged for each person
who qualified. This provision of law expired on January 14, 1998.
Aliens who had a labor certification or alien petition filed before this date were
still allowed to retain the benefits of Section 245(i) but those whose petitions were
filed after January 14, 1998 were not.
The new legislation extends these benefits to those whose alien petitions or labor
certifications were/are filed between January 14, 1998 and April 30, 2001. Therefore,
if you can benefit from this legislation, but a petition has not been filed on your
behalf, you should arrange for that filing without delay as these benefits expire on
April 30th.
ELIGIBILITY REQUIREMENTS
* Only certain violations of US immigration laws are included. You must be otherwise
admissible in order to benefit.
* Each included alien must have been physically present in the United States on
December 21, 2000. You DO NOT have to be legally present (inspected, admitted and
in status), but you do have to be here. You should be able to prove your presence
on this date.
* Must have an alien petition or labor certification PROPERLY FILED between January
14, 1998 and April 30, 2001.
WHAT SECTION 245(i) DOES
* An alien who is eligible under these provisions may adjust status in any category,
but must use the new priority date.
Example: An alien, a single adult man, out of status, from the Philippines has an
alien petition filed by a sibling approved on January 10, 2001. These 4th preference
filings on Filipinos currently are taking about 21 years to become current. On
February 20th his mother, a widow, marries a US Citizen and files a joint I-130/I-485
package to adjust her status. On October 15, 2001 these petitions are approved and
she files form I-130 on behalf of her son. Thus the preference category of the son
goes from 4th preference to 2B preference. Preference 2B aliens from the Philippines
are reaching currency in about 7 years (a great improvement over the 21 years or so
he would have to wait for his sisters petition to become current). He will, however,
have to use the priority date for his mothers petition to determine when his visa is
available.
Similarly, he could have won the visa lottery (DV program). He would still be allowed
to adjust his status based on his eligibility deriving from his sisters petition.
* Derivatives also get benefits from 245(i). Even children who age out or marry are
still eligible to adjust under 245(i). Similarly, a spouse who is eligible to
adjust under 245(i) retains this benefit even if she divorces the alien from whom
the benefit is derived.
* Eligibility to adjust under 245(i) exists even if the labor certification is
withdrawn or the company ceases operation or the alien petition is withdrawn. The
deciding issue is that the petition must have been approvable at the time it was
submitted.
* Ability to file in the United States, once established, never expires.
WHAT SECTION 245(i) DOES NOT DO
* Section 245(i) does not protect a person who is out of status from being arrested
and removed (deported).
* Section 245(i) does not protect a person from the three or 10 year bars. For this
reason, a person who has been out of status for over 180 days should not leave the
US until actually becoming a permanent resident. LEAVING THE US BEFORE ACTUALLY
BECOMING A PERMANENT RESIDENT WILL STILL TRIGGER THE BARS.
IMPORTANCE OF SEEKING LEGAL ADVICE AND ASSISTANCE
As explained above, a petition or labor certification MUST BE PROPERLY FILED in order
for the benefits of section 245(i) to come into play. A mistake in preparing the
documents or failure to include the appropriate fee will result in rejection and will
not bring the desired benefits. Such a rejection could easily delay submission until
after April 30th when this provision of law expires.
Applicants are urged to seek the advice of a well qualified immigration attorney to
assist in preparing petitions and labor certifications.
>
> Your help is greatly appreciated!
Ed MacNeil Ancient Aviator North Hampton, NH USA
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
Inserting comments.
>
> Can anybody please give me some information about the April 30 deadline regarding
> Immigration Act?
>
> 1) Does it affect people who want to apply fpr an assylum and are currently in
> the US?
No!
>
> 2) Does it affect people who want to apply for a green card?
In some situations it does. In December 2000, Congress passed, and President Clinton
signed, a bill authorizing an extension of the provisions of Section 245(i) for a
limited time. If you can benefit from these provisions you must act quickly.
Section 245(i) of the Immigration and Nationalities Act formerly allowed a person who
was out of status, had entered the US without inspection or who had violated the
terms of his/her admission to adjust status to permanent resident if otherwise
eligible without leaving the country. A penalty of $1,000 was charged for each person
who qualified. This provision of law expired on January 14, 1998.
Aliens who had a labor certification or alien petition filed before this date were
still allowed to retain the benefits of Section 245(i) but those whose petitions were
filed after January 14, 1998 were not.
The new legislation extends these benefits to those whose alien petitions or labor
certifications were/are filed between January 14, 1998 and April 30, 2001. Therefore,
if you can benefit from this legislation, but a petition has not been filed on your
behalf, you should arrange for that filing without delay as these benefits expire on
April 30th.
ELIGIBILITY REQUIREMENTS
* Only certain violations of US immigration laws are included. You must be otherwise
admissible in order to benefit.
* Each included alien must have been physically present in the United States on
December 21, 2000. You DO NOT have to be legally present (inspected, admitted and
in status), but you do have to be here. You should be able to prove your presence
on this date.
* Must have an alien petition or labor certification PROPERLY FILED between January
14, 1998 and April 30, 2001.
WHAT SECTION 245(i) DOES
* An alien who is eligible under these provisions may adjust status in any category,
but must use the new priority date.
Example: An alien, a single adult man, out of status, from the Philippines has an
alien petition filed by a sibling approved on January 10, 2001. These 4th preference
filings on Filipinos currently are taking about 21 years to become current. On
February 20th his mother, a widow, marries a US Citizen and files a joint I-130/I-485
package to adjust her status. On October 15, 2001 these petitions are approved and
she files form I-130 on behalf of her son. Thus the preference category of the son
goes from 4th preference to 2B preference. Preference 2B aliens from the Philippines
are reaching currency in about 7 years (a great improvement over the 21 years or so
he would have to wait for his sisters petition to become current). He will, however,
have to use the priority date for his mothers petition to determine when his visa is
available.
Similarly, he could have won the visa lottery (DV program). He would still be allowed
to adjust his status based on his eligibility deriving from his sisters petition.
* Derivatives also get benefits from 245(i). Even children who age out or marry are
still eligible to adjust under 245(i). Similarly, a spouse who is eligible to
adjust under 245(i) retains this benefit even if she divorces the alien from whom
the benefit is derived.
* Eligibility to adjust under 245(i) exists even if the labor certification is
withdrawn or the company ceases operation or the alien petition is withdrawn. The
deciding issue is that the petition must have been approvable at the time it was
submitted.
* Ability to file in the United States, once established, never expires.
WHAT SECTION 245(i) DOES NOT DO
* Section 245(i) does not protect a person who is out of status from being arrested
and removed (deported).
* Section 245(i) does not protect a person from the three or 10 year bars. For this
reason, a person who has been out of status for over 180 days should not leave the
US until actually becoming a permanent resident. LEAVING THE US BEFORE ACTUALLY
BECOMING A PERMANENT RESIDENT WILL STILL TRIGGER THE BARS.
IMPORTANCE OF SEEKING LEGAL ADVICE AND ASSISTANCE
As explained above, a petition or labor certification MUST BE PROPERLY FILED in order
for the benefits of section 245(i) to come into play. A mistake in preparing the
documents or failure to include the appropriate fee will result in rejection and will
not bring the desired benefits. Such a rejection could easily delay submission until
after April 30th when this provision of law expires.
Applicants are urged to seek the advice of a well qualified immigration attorney to
assist in preparing petitions and labor certifications.
>
> Your help is greatly appreciated!
Ed MacNeil Ancient Aviator North Hampton, NH USA
Apr 1st 2001, 9:05 pm
#3
Guest
Posts: n/a
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The restoration of 245)1) applies to applicants who can show that they were in the
U.S. on the date that the law was enacted. which is December 21, 2000. Since 245(i)
will only be in effect till April 30, 2001, a qualifying family member must file an
application for immigrant visa for the applicant by the deadline. If the immigrant
is a worker a labor certification can be filed by the employer. Once this
application is filed, an application for adjustment of status can be file after the
April 30, deadline.
If you're here illegally you must have a qualifying family member file for an
immigrant visa. When an applicant files for an adjustment of status, the applicant is
also filing for permanent residency.
There is then no need to file for asylum once an application for adjustment of status
of file. There are individuals who are excepted from the restoration of 245(i). If
you have any other questions, please e-mail me at [email protected].
>
>
>
>
>
>
>
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The restoration of 245)1) applies to applicants who can show that they were in the
U.S. on the date that the law was enacted. which is December 21, 2000. Since 245(i)
will only be in effect till April 30, 2001, a qualifying family member must file an
application for immigrant visa for the applicant by the deadline. If the immigrant
is a worker a labor certification can be filed by the employer. Once this
application is filed, an application for adjustment of status can be file after the
April 30, deadline.
If you're here illegally you must have a qualifying family member file for an
immigrant visa. When an applicant files for an adjustment of status, the applicant is
also filing for permanent residency.
There is then no need to file for asylum once an application for adjustment of status
of file. There are individuals who are excepted from the restoration of 245(i). If
you have any other questions, please e-mail me at [email protected].
