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Nov 29, 2021 · In 1994, Congress enacted section 245(i) of the INA, permitting certain individuals who were otherwise ineligible for adjustment of status in the United States to pay a penalty fee for the convenience of adjusting status without leaving the United States.
- What Is Section 245(i) of The Immigration and Nationality Act?
- Who Could Apply For Section 245(i) Adjustment?
- What Are The Benefits of Section 245(i) Adjustment?
- When Was Section 245(i) First Enacted?
- Is Congress Considering Legislation That Would Revive Section 245(i)?
- Why Would Congress Revive Section 245(i)?
Section 245(i) of the Immigration and Nationality Act (INA) allowed certain unauthorized immigrants who are physically present in the United States to apply for lawful permanent resident status (i.e., a “green card”). Under the provision, which remains on the books but is essentially dead-letter due to the passage of a key statutory deadline, quali...
Immigrants who had an unlawful immigration status could apply for a green card only if an employment or family-based immigrant petition was filed on their behalf by April 30, 2001. At present, there are vanishingly few individuals in the United States who would be able to satisfy this requirement and have not yet already obtained relief under Secti...
Section 245(i) would provide many individuals an opportunity for a clean slate, allowing them to adjust status and obtain a green cardregardless of how they entered the United States, whether they ever worked without authorization, and whether they failed to maintain lawful status. For example, many unauthorized immigrants interested in obtaining a...
Section 245(i) was first enacted in 1994. Initially, it only allowed unauthorized immigrants to adjust to lawful permanent resident status if they had immigrant petitions that were submitted and approved by October 1, 1997. Section 245(i) was amended in 2000 by the Legal Immigration Family Equity(LIFE) Act, which extended the filing deadline to Apr...
On May 13, 2021, Senator Catherine Cortez Masto (D-Nevada) reintroduced the Fairness for Immigrant Families Act (S.1638) that, among other things, would extend the filing deadline for §245(i) from April 30, 2001, to five years following the enactment of the Fairness for Immigrant Families Act.
With various efforts at broader immigration reform potentially at an impasse, reviving Section 245(i) by extending the deadline would provide a pathway to citizenship to many immigrants living in the United States. These immigrants currently reside in the U.S. and have worked, paid taxes, and supported their families. Reinstating Section 245(i) wou...
245(i) is a law that was originally passed by Congress in 1994.7 It provided that some noncitizens in the United States who would not normally qualify for adjustment of status—for example, because they came to the United States without inspection (EWI), worked without authorization,
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Aug 2, 2021 · Current immigration law allows certain undocumented immigrants to become Lawful Permanent Residents (LPRs) without first having to leave the United States. Under Section 245 (i) of the Immigration and Nationality Act (INA), those undocumented immigrants who had an immigrant visa petition or labor certification application filed on their behalf ...
Apr 30, 2001 · §245 (i) is a section of immigration law that provides certain undocumented immigrants an opportunity to adjust to lawful permanent resident status and receive a green card from within the United States.
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