Anonymous
Anonymous asked in Politics & GovernmentImmigration · 1 decade ago

Help please!!! Is 245i immigration law back?

My grandmother submitted form I-130 back in 1996 for my mother but I became a US Citizen and submitted form I-485 in july 2008 (adjustment of status) so that things could go faster. We got a letter from USCIS saying that we need to send form I-485(A) supplement with some info and it has to do something with immigration law 245i. Is this law back? Could someone explain to me what this form means? Thank you

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  • 1 decade ago
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    The following is the Immigration and Nationality Act (INA) regarding the regulation of 245 (i)

    245 (i) (1) 2a/ Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States--

    (A) who--

    (i) entered the United States without inspection; or

    (ii) is within one of the clas ses enumerated in subsection (c) of this section; 2a/

    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--

    (i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or

    (ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/

    (C) 2a/ who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically present in the United States on the date of the enactment of the LIFE Act Amendments of 2000; may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General may accept such application only if the alien remits with such a pplication a sum equaling $1,000 3/ as of the date of receipt of the application, but such sum shall not be required from a child under the age of seventeen, or an alien who is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986 at any date, who-

    (i) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986;

    (ii) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and

    (iii) applied for benefits under section 301(a) of the Immigration Act of 1990. The sum specified herein shall be in addition to the fee normally required for the processing of an application under this section. and

    (2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if-

    (A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and

    (B) an immigrant visa is immediately available to the alien at the time the application is filed.

    (3) 4/ (A) The portion of each application fee (not to exceed $200) that the Attorney General determines is required to process an application under this section and is remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n), and (o) of section 286.

    (B) Any remaining portion of such fees remitted under such paragraphs shall be deposited by the Attorney General into the 4a/ Breached Bond/Detention established under section 286(r) , 4a/ except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one-half of such remaining portion shall be deposited by the Attorney General into the Immigration Examinations Fee Account established under section 286(m) .

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c...

    This is the form I-485

    http://www.uscis.gov/portal/site/uscis/menuitem.5a...

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  • 1 decade ago

    The only way the 245i can have any weight is if your mother is "grandfathered" by that law. You guys really, really need to ask a competent immigration attorney because there are many, many pitfalls and loopholes. I hope this site helps clarify things for you a bit. Link:

    http://www.murthy.com/news/n_usc245.html

    Excerpt:

    "To be grandfathered under §245(i), a person must be the beneficiary of a qualifying immigrant visa petition (usually I-130/I-140) or labor certification (not the Labor Condition Application used for H1Bs) filed on or before April 30, 2001. If the qualifying immigrant visa petition or application for labor certification was filed between January 15, 1998 and April 30, 2001, that person must also prove that s/he was physically present in the United States on December 21, 2000, on the date that the LIFE Act was passed. All potential beneficiaries of §245(i) must show that the petition or labor certification was properly filed and approvable when filed. This latter requirement essentially means that it had to be a good, valid case when filed, even if it ultimately did not result in a green card approval for some reason.

    Grandfathered Person's Benefit Has Expansive Scope!

    The March 2005 245(i) Memo confirms that, once a person is grandfathered under §245(i), that individual continues to be grandfathered until s/he adjusts status and becomes a permanent resident. Further, that person may seek to adjust status either under the original immigrant visa petition / labor certification or using another basis to adjust status. For example, if one had a labor certification filed prior to April 30, 2001, but now wants to adjust status as the spouse of a green card holder who filed an I-130 petition on his/her behalf, that person is permitted to use the §245(i) benefit to adjust status in the later case.

    One who is grandfathered is also permitted to seek adjustment of status as many times as possible, as long as that person pays the $1000 fee each time. If, for example, one files an I-485 application under the diversity lottery program, but the case is not approved in time, that person could still file another I-485 application based on an I-140 petition or I-130 petition at a later date. In the past, at least at some local offices, applicants were not always required to pay the $1000 fee more than once, even if they filed a second or subsequent case.

    There is no expiration date on when an I-485 application may be filed to obtain the §245(i) benefit. The §245(i) benefit remains available until the individual has obtained lawful permanent resident status.

    Labor Certifications Must Be Approvable When Filed

    To meet the approvable-when-filed criterion, a labor certification must have been properly filed, meritorious in fact, and non-frivolous. Unless there is evidence of fraud in a labor certification case, if the U.S. Department of Labor (DOL) accepted a labor certification, it will be considered by the USCIS to be properly filed and approvable when filed. If the labor certification is later denied, withdrawn, or revoked after being properly filed and approvable when filed on or before April 30, 2001, it still qualifies the beneficiary for §245(i) grandfathering. (Example: An employer files a proper labor certification on or before April 30, 2001. Before a decision is made on the case, the employee quits. The employer is no longer interested in the case, so it is withdrawn. The foreign national beneficiary would still qualify under §245(i), but would need a new labor certification or other filing to be able to use the §245(i) grandfathering benefit.)"

    Good luck!

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