USCIS Help on 245(i)-- Legislation from 2001 [Archive]

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djones9714

11-13-2007, 04:18 AM

Lately, we have been receiving a lot of questions regarding 245(i) applications and the grandfathering benefits. Here is a questions and answers paper from the USCIS website which should help many of you.

http://www.uscis.gov/files/pressrelease/Section245ProvisionLIFEAct_032301.pdf

JustMe

11-13-2007, 05:05 AM

Great Thank you djones9714 :thumbup:

djones9714

11-13-2007, 05:38 AM

Welcome anytime. Hope this helps some.

JustMe

11-13-2007, 05:51 AM

For sure. I think every question is pretty much covered. :bounce:

dreamdiffered

11-20-2007, 11:16 PM

I still have one (question) and I PROMISE I read the whole thing:blush: Where should I post it?

JustMe

11-21-2007, 01:00 AM

I would post it under General Discussions.

matt74

11-22-2007, 06:24 PM

This memo is only the tip of the iceberg in terms of 245i eligibility. I recommend the "Yates" memo which is much more detailed and complex. Also, given the various court decision regarding 245i, anyone with questions might consider consulting a lawyer. The law varies depending on where you are living in the US.

djones9714

12-01-2007, 03:40 AM

2 BIA Decisions -- very important for those trying to adjust status under 245(i) who left the U.S. and re-entered and tried to adjust status under 245(i).

http://www.usdoj.gov/eoir/vll/intdec/vol24/3591.pdf
http://www.usdoj.gov/eoir/vll/intdec/vol24/3590.pdf

These decisions basically talk about someone who entered the U.S. illegally; application was filed on their behalf (I-130 or I-140) before 4/30/2001 which qualified them for 245(i); they left the U.S. and then re-entered and are now trying to adjust status.

They are ineligible for 245(i) for adjustment of status without filing a waiver.