Are you applying for adjustment based on INA section 245 i?
A: 245(i) will allow the alien to apply for adjustment of status even if the alien entered the U.S. without inspection, was out of status, or violated the terms of his of her non-immigrant status. The alien still needs to meet other requirements for adjustment of status to obtain a green card.
What is adjustment of status under section 245?
Background of Section 245 (i) of the Act. One part of our immigration laws called Section 245 allows an alien to apply for adjustment of status to that of a lawful permanent resident (LPR or green card holders) while in the United States if certain conditions are met.
Do I need to file I-485 Supplement A?
You should use Supplement A if you seek to adjust status under INA section 245(i). You cannot adjust status based on filing Supplement A alone. You must also file Form I-485 and be eligible for a visa under a family-based, employment-based, special immigrant, or Diversity Visa immigrant category.
Is 245 I still available?
A. Never. Once you qualify for benefits under §245(i), your eligibility never expires. Of course, you must still qualify (through a relative, a job or the green card lottery) when you apply for adjustment of status.
Why would an adjustment of status be denied?
In addition, if you have violated U.S. immigration laws, such as having entered the country illegally, or if you gained entry to the U.S. through willful misrepresentation or fraud, abused the visa process, or violated the terms of and conditions of your visa, your application for adjustment of status could be denied.
Can employer cancel greencard?
The green card is a benefit accorded by USCIS, not the employer. An approved green card CANNOT be revoked by anybody except USCIS, and usually for a serious offense requiring an immigration judge order. An employer can revoke an I-140 but only within a certain time frame, after which there is no consequence.
Who is not protected under INA Section 245(i)?
Section 245(i) also does not protect an alien from removal proceedings and does not grant other benefits, such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he/she canno t apply for an adjustment of status by using Section 245(i). Also, if an alien is put in a removal proceeding in the future, he/she cannot stop the removal proceeding by using Section 245(i).
Do you qualify for immigration benefits under the 245i law?
If an immigration application was filed prior to April 30th, 2001 and you are a direct or indirect beneficiary of this application you will still qualify for 245i benefits. If a spouse or other family member was a direct or indirect beneficiary of 245i, you may qualify for benefits as well.
Can I get a green card under 245(i)?
Adjustment to permanent resident status (obtaining a green card) under section 245 (i) of the Immigration and Nationality Act (INA) is a welcome form of relief for individuals unlawfully in the United States (U.S.). Normally, aliens unlawfully present here must return to their native country in order to obtain a green card with a few exceptions.
What is INA Section 245 i?
INA 245(i) is a law allowing certain individuals who are present in the U.S. to obtain a greencard regardless of: How you entered the United States (for example, entering via the border without inspection) Working in the U.S. illegally (without authorization or permission)
