Section 245-i Eligibility
If your citizenship status has expired, you may have more options than you think. If you entered without examination or your visa has expired, there is a chance you may have Amnesty Section 245-i eligibility. This temporary provision allows foreign nationals who entered the country illegally, had been out of status, or worked without authorization to apply for adjustment of status without being required to leave the country to do so.
Section 245-i Eligibility | History of Section 245 I Cases
Before it was ultimately rescinded, President Clinton briefly brought back the section 245 i exception for the months of January through April 2001. However, one provision permits “grandfathered” immigrants (i.e. beneficiaries of visa petitions and labor certification applications filed by April 30, 2001) to file section 245 i adjustment applications. Another provision allows certain employment-based immigrants to file for adjustment of status under the normal procedures set forth in section 245(a), despite periods of unlawful presence in the United States.
If you applied for a visa during that time, you would have been protected and may still be able to adjust your status now. If you or your loved one is living in the United States under these circumstances, contact The Law Offices of Susan W. Scheer for an initial consultation.
All of this information is quite general. If you want a clear picture of all your options, contact the office for a consultation.
Section 245-i Eligibility | Can I apply for a visa while still in my home country?
Consular processing allows foreign nationals to apply for visas while still in their home country. This is best handled with an experienced immigration lawyer in the U.S., working closely with a liaison (usually a family member or employer) already in the country.
Submitting a petition via consular processing presents its own challenges because we are no longer dealing with United States Customs and Immigrations Services. Instead, we are working with the Department of State. Access to files can be limited and backlogs are common. Nevertheless, an attorney can ensure that the government has the requisite information to process your petition without unnecessary delays.