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245(i), Hope for Some Illegals
by Arthur L. Zabenko and Nina Manchanda

Under 245(i) a person who is eligible for an immigrant visa and for whom a visa is currently available can apply for adjustment in the US instead of having to apply at a consulate abroad if he is the beneficiary of a petition for an immigrant visa or application for labor certification filed before April 30, 2001, and physically present in the US on december 21, 2000. This is vital for those who entered without inspection or have overstayed a period of admission and are now in the US illegally, because if they leave the US they may be subject to a 3 or 10 year bar. This provision of law is so crucial in many people's lives that it has generated a lot of questions and a lot information in response to those questions. Here we gather articles and information about section 245(i) which have appeared in the last month.

In Limited Restoration of 245(i) we write about the restoration of 245(i) inlcuding suggestions on documenting physical presence and warnings about unscrupulous practices. Carl Shusterman explains who is eligible to take advantage of section 245(i) and why it matters in Carl Shusterman Explains 245(i). Alan M. Lubiner contributed his insights in A Glimmer of Hope for Those in the US Illegally. Valentine Brown offered her views in 245(i) Resotred Temporarily! And Cyrus D. Mehta wrote that with the extension of section 245(i) an eligible individual can remain in the United States to obtain permanent residence through adjustment of status and avoid the 3/10 year bar in Extension of 245(i)

The INS has given its interpretation of the provision in INS Advises on Applications Under the LIFE Act. The INS has also issued guidance in Spanish with INS Advises Public on Submitting Applications Under the LIFE Act (El INS Espera Reglamentos para la Implementacion del Acta de LIFE) and Fact Sheet on Legal Immigration and Family Equity Act (El Acta de Migración Legal y Equidad Familiar (LIFE)).

The interests generated by 245(i) has also led to several special chats on the subject inlcuding chats with Allan Wernick's chat session on section 245(i) on December 21, 2000, and Greg Siskind's chat on 245(i) held Janaury 10, 2001. The intense interest in section 245(i) will continue to generate articles and chats on the subject.


About The Author

Arthur L. Zabenko is editor of Immigration Daily and Immigrant's Weekly. He was previously employed at Lubiner and Schmidt where handled all types of immigration cases specializing in employment, family and asylum issues.

Nina Manchanda is currently assistant editor of Immigration Daily and Immigrant's Weekly. Prior to joining ILW.COM she was a pro bono attorney with Midwest Immigrants Rights Center in Chicago where she speicialized in children's immigration issues.



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