245i ADJUST STATUS TO PERMANENT RESIDENT – Los Angeles Immigration Attorney Green Card Lawyer Mr. Pecchia offers a Free Consultation to individuals seeking representation. Los Angeles San Fernando Valley based.
Immigration Lawyer Pecchia, a low cost, experienced, Family Immigration Attorney, has heped many illegal aliens living in the US become Permanent Residents (get a green card). Some illegal Aliens in Los Angeles, San Fernando Valley, and other places, who want to become Permanent Residents, and eventually Citizens, may still qualify under 245i and be able to adjust status to Permanent Resident but may be unaware of it. If an illegal alien qualifies to become a Permanent Resident, Immigration Lawyer Pecchia may be also able to help his or her family members to adust status (Apply for Permanent Residence and get a green card). If you would like a FREE CONSULTATION with Los Angeles, California, Immigration Lawyer Pecchia to discuss your options call (818) 963-8238 now. See his low, published rates for standard cases on his home page.
In general, section 245(i) of the [Immigration and Nationality] Act allows an otherwise admissible alien who has an immediately available immigrant visa to apply for adjustment of status (obtain a green card) upon payment of a $1,000 surcharge, even though the alien entered the United States without inspection in violation of section 245(a) or is barred by section 245(c) of the Act. Los Angeles Immigration Lawyer Pecchia has helped many illegal aliens in this situation, and family members, become Permanent Residents. Many of these illegal aliens, after becoming Permanent Residents, have become Citizens. To be grandfathered under section 245(i) of the Act, an alien must be the beneficiary of a qualifying immigrant visa petition or application for labor certification that was filed on or before April 30, 2001 and meets applicable statutory and regulatory requirements. This is the principal alien.
This is important to certain aliens living in the U.S. who might not otherwise be able to adjust status to Permanent Resident (apply for Permanent Residence – obtain a green card) from within the U.S. If they were to leave the U.S. to apply for permanent residence at a consulate or embassy, because of their unlawful presence, they would be barred, subject to certain exceptions, from re-entering the U.S. for a period of three years or ten years. The memo below is very informative and provides many examples of situations where individuals are eligible to apply for adjustment under 245i.
Depending on the circumstances, a spouse or child of a grandfathered alien may also be a grandfathered alien or may be eligible to adjust status to Permanent Resident as a dependent of the principal alien under section 245(i) of the Act. Section 245(i) defines the term “beneficiary” to include a spouse or child “eligible to receive a visa under section 203(d) of the [Immigration and Nationality] Act. Often overlooked is the fact that these derivative benficiaries may still be eligible to adjust status, provided, that, they have an indepdent basis to do so, notwithstanding the fact that changes have occured. For example, an alien may be eligible to apply for adjustment of status under 245i, if a labor certification application or relative petition was filed on or before April 30, 2001, on an alien’s behalf, an alien’s parent’s behalf (and the alien was under 21 at the time the parent was “grandfathered”), on an alien’s spouse’s behalf, even though the alien is now divorced from the “grandfathered” spouse, the alien’s “grandfathered” spouse died, is no longer eligible, the application or petition was withdrawn, the sponsor went out of business, or other circumstances. There are many possible scenarios.
Information provided on this site is for general informational purposes only. It is not intended to be legal advice. Individuals should speak with an attorney knowledgeable in such matters concerning their particular situation. Also see Legal Disclaimer section of this site.
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Thank you for visiting our site. Los Angeles San Fernando Valley based Green Card Attorney Immigration Lawper Mr. Donald M. Pecchia, Esq.