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Finding Information on 245(i)
by 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. Beneficiaries of petitions filed after January 14, 1998, must be able to show they were physically present in the US on December 21, 2000. 245(i) 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. Due to the continuing interest in 245(i) among attorneys and immigrants, we have compiled a list of interesting articles and summaries from various immigration resources:

The National Immigration Forum has a web page devoted to "Materials to explain the Legal Immigration Family Equity Act (LIFE Act) in English, Spanish, and other languages". This page includes "Exercises With Answers About 245(i)", Backgrounder: "A Common-Sense Provision of Law Should Be Restored so That Immigrants on the Verge of Gaining Their "Green Card" Are Not Separated From Families and Employers" and "Attention: There Is No New Amnesty, Don't Let Yourself Be Fooled!"

The National Immigration Law Center has developed a packet of materials, "Extension of Section 245(i) under LIFE: Community Outreach and Training Materials," that focus on 245(i). This material can be used to train volunteers and community activists or legal workers how to screen for 254(i) eligibility. The Center also carries the article "Congress Passes "Life" Bill, With 3-Year Update Of 245(i) Petition Deadline, Temporary Visas For Some Family Visa Applicants, And Legalization For "Late Amnesty" Class Members."

The American Immigration Law Foundation provides a summary based on drafts from Congressional offices on 245(i) and the Legal Immigration and Family Equity Act . Emerald Isle Immigration Center includes an Immigration Update on 245(i) on their website. The immigration section of consists of several chats and FAQ's on 245(i) as well as the article "Revival of 245(i) and Introduction of Two New Visas - LIFE."

The National Lawyer's Guild has several articles on 245(i) from outside resources such as Frequently Asked Questions About the Extension of 245(i)" by Charles Wheeler, Catholic Legal Immigration Network and "Two-Fold Challenge Of 245(i) Reopening Until April 30th, 2001: Urgent Need For Outreach And Opportunity To Increase The Civic Engagement Of The Immigrant Community" by Mark Silverman, Immigrant Legal Resource Center.

AILA's Newsroom has a special section on 245(i) which contains information such as "Urgent Information About Immigration Deal: Information for Ethnic Press About Section 245(i)" , "The Extension of Section 245(i) - in English and other languages" and "Q&A for Employers on the Legal Immigration and Family Equity (LIFE) Act of 2000."

We urge you to look at some of these articles and web sites for information on 245(i).

About The Author

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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