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INS Issue Guidance Re: §245(i) of LIFE Amendments (Shusterman)

INS Issue Guidance Re: §245(i) of LIFE Amendments (Shusterman)

Old Jan 30th 2001, 6:11 pm
Carl Shusterman
Posts: n/a

In a memorandum dated January 26, 2001, Michael D. Cronin, INS's Acting Executive
Associate Commissioner, Office of Programs, discusses "Adjustment of status under section
245(i), as amended by the Legal Immigration Family Equity Act Amendments of 2000".

The memorandum goes into some detail regarding the requirement that the beneficiary of
a visa petition or labor certification be physically present in the U.S. as of
December 21, 2000.

The memo states as follows - "Note: The physical presence requirement only applies to
principal applicants for adjustment of status under section
245(i) of the Act. Dependent spouses and children do not need to demonstrate physical
presence on December 21, 2000."

The memo also discusses what documentation the INS requires to prove physical presence.

Finally, the memo states that the guidance regarding §245(i) by the INS on April 14, 1999
and June 10, 1999 remains valid except as modified by the current memo.

The January 26 memo may be downloaded as a PDF file by clicking on "New INS §245(i)
Guidelines" at http://shusterman.com

All three memos may be viewed by clicking on "LIFE ACT INFORMATION", also at

Carl Shusterman served as a Trial Attorney for the U.S. Immigration Service (1976-82)
before entering private practice. He heads a four-attorney firm specializing exclusively
in immigration law. He maintains an extensive website entitled "Immigration: A Practical
Guide to Immigrating to the U.S." containing over 1,000 articles on all phases of
immigration law. He is the author of SHUSTERMAN'S IMMIGRATION UPDATE, a free, monthly
e-mail newsletter on immigration laws and procedures. You can subscribe online at

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