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Interest in 245(i) Continues
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 information in response to those questions. Here we gather articles and information about section 245(i) that have appeared in the last month.

In early February the INS Office of Business Liaison released a memo offering guidance on the adjustment of status under 245(i) including an explanation of the difference between 245(i) and amnesty, the permanent residence process in a nutshell and a review of the labor certification process.

In the article The 245(i) Immigration Boom and Law Office Productivity Malay Jalundhwala writes about how ILW.COM case tracking software can increase law office productivity in the wake of increased case loads due to 245(i). Cyrus D. Mehta writes in Section 245(i) is Not an Amnesty Program that the provisions of the "LIFE" act enacted on December 21, 2000, have caused a lot of confusion, especially 245(i), and reminds everyone that 245(i) is not an amnesty program. And in Make Hay While the Sun Shines - 245(i) and Immigration Law Practice Sam Udani writes about the implications of the limited restoration of 245(i) for the immigration law practitioner.

The interests generated by 245(i) has also led to several special chats on the subject including special chats with Carl Shusterman on January 23, 2001, and on February 7, 2001. The intense interest in section 245(i) continues to generate articles and chats on the subject.


About The Authors

Arthur L. Zabenko is editor of Immigration Daily and Immigrant's Weekly. He was previously employed at Lubiner and Schmidt where he 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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