Do
you seek naturalization or ajustment of status?
NOTE:
The processes of
adjustment of status through 245i protection and
going through naturalization later, can be frustrating
and complicated procedures.
There are
many important choices to make in this confusing process.
Any error made along the way could prevent you from
obtaining any sort of immigration benefit. This site
was created to give you the information you need to
make the right decisions. However, it cannot in any
way replace the counsel from a Florida immigration
naturalization service lawyer or Florida immigration
naturalization service attorney or any immigration
lawyers in USA.
If you haven’t
already done so, stop right now and
read our homepage. It’s full of surprising
information that could save you a great deal of time
and money. Once you’ve read through the homepage,
come back here to find out more about your particular
situation and how you can benefit from 245i protection
for your adjustment of status (green card) and ultimate
naturalization.
Benefits
of 245i protection
American
citizenship laws and immigration laws allow qualified
individuals to enter the United States as lawful permanent
residents (“green card” holders) after
they obtain immigrant visas from a consulate or embassy
outside the United States or, for many immigrants
already lawfully in the United States, through a process
called “adjustment of status.”
If you entered
the United States unlawfully (illegal immigration),
if you entered with permission but did not stay in
lawful status, or if you worked without permission,
you normally would have to leave the United States
in order to apply for an immigrant visa.
HOWEVER,
special rules under section 245i of the Immigration
Nationality Act may allow you to apply to adjust status
without leaving the United States, and ultimately
seek naturalization.
You might
need section 245i protection if you:
- Entered the U.S. without being
inspected by an Immigration official.
- Stayed in the U.S. longer
than allowed by Immigration.
- Entered the U.S. as a worker
on an aircraft or ship (crewman).
- Entered the U.S. as a “Transit
Without Visa.”
- Failed to continuously maintain
a lawful status since your entry into the US.
- Worked in the U.S. without
Immigration permission.
- Entered as an “S”
nonimmigrant (relates to witnesses about criminal
or terrorism matters).
- Are seeking a work-related
visa and are out of status at the time of filing
the application to adjust status (Form I-485).
- Worked in the U.S. while being
an “unauthorized alien.”
NOTE: There are some
groups that may not need to use section 245i protection.
The following
groups of people do not need 245i protection:
- The spouse or unmarried minor
child of a U.S. citizen or the parent of a U.S.
citizen child at least 21 years of age if he/she
was inspected and lawfully admitted to the United
States, but subsequently overstayed his/her authorized
admission or worked without permission, may apply
for adjustment of status (green card) under section
245(a) and does not need to use section 245i protection.
- Certain persons who are eligible
for certain employment-based immigrant visas and
who were inspected and lawfully admitted to the
United States, but have not violated their status
or worked without permission for more than 180
days, do not have to apply for adjustment of status
(Green card) under section 245i protection. They
may be able to use section 245(k).
Who is Eligible for 245i protection?
Note:
It is important to understand that the program offering
245i protection ended on April 2001. Thus, anyone
that had already submitted some sort of petition to
the bureau citizenship and immigration services –USCIS
during that time can be eligible for 245i protection.
Anyone who had not submitted any documentation on
his/her case prior to April 30, 2001 will not be eligible
for 245i protection.
You are eligible
for protection under 245i if one of the reasons above
prevents you from using the regular section 245 provision
AND:
- You are eligible to receive
an immigrant visa and are admissible to the United
States for permanent residence;
- An immigrant visa is immediately
available at the time your application is filed;
- Your visa petition or application
for labor certification that would qualify you
to become an immigrant was filed on or before
April 30, 2001, was approvable when filed; AND
- If your petition or application
was filed after January 1, 1998, then you must
also prove that you were in the U.S. on December
21, 2000.
NOTE:
If eligible for protection under 245i, you must pay
the penalty fee of $1,000 and will be able to get
your green card through adjustment of status (green
card) without having to leave the United States and
eventually seek naturalization.
As you can read from the above, determination of eligibility
of protection under 245i is very technical. Because
of this, I strongly recommend you seek advice from
a Florida immigration naturalization service lawyer
(also known as Florida immigration naturalization
service attorney) or any immigration lawyers in USA.
It's not worth
it to do this on your own to save a couple of dollars
when in the end it might cost you your eligibility
for protection under 245i, having to leave the US
to obtain your green card, or even prevent you from
being able to obtain your green card at all let alone
your naturalization! Proceed with a good and trustworthy
immigration lawyer in matters of adjustment of status
(green card) or naturalization and best of luck to
you!
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