How Does Section 245(i) Adjustment Of Status Work For Immigrants?

America has always been known as the land of dreams. For many immigrants, the United States represents a chance to build a better life and pursue opportunities not available in their home countries. Because of this, many people try to enter the country illegally. However, the country has policies that prevent illegal immigration and punish those caught crossing the border.

For immigrants who have already entered the United States, there is a way to gain legal status and become citizens or permanent residents. This process is called adjustment of status. It allows some non-citizens already in the country to change their immigration status from illegal immigrants to permanent residents or citizens.

Consult The Immigration Options You Have Depending On Your Specific Situation For Obtaining Adjustment Of Status

Section 245(i) Adjustment Of Status

Section 245 Adjustment of Status is also called The American Dream Act. This law is a visa program that enables immigrants to obtain lawful permanent residence without leaving the United States and applying for an immigrant visa abroad. It allows eligible aliens already in the country to adjust their status under certain circumstances. 

Eligible immigrants include those with valid family-based petitions or employment authorization documents but who have not yet obtained lawful permanent residence (a Green Card). At the same time, they remain in the country legally. 

LIFE Act

As more and more immigrants are looking for a better life in the United States, Congress passed the Legal Immigrant and Family Equity Act (LIFE) in 2000. This act was created to enable adjustment of status for immigrants who were present in the United States before December 21, 2000. Still, it had not been granted permanent residence or adjustment of status. 

The LIFE Act also allowed certain family members to remain legally in the country while their adjustment applications were pending. It was enacted by Congress primarily due to a class action lawsuit filed against Immigration and Naturalization Services (INS) by organizations suing on behalf of those affected by the delay-ridden adjustment process.

The LIFE Act gave immediate relief for those affected and provided a foundation upon which Section 245(i) adjustment of status was built. Under the program, adjustment applications were allowed to be filed even if the applicant was deemed ineligible because they had overstayed, worked without authorization, or had false documents. This allowed applicants to pay a fee and seek an adjustment of status in Austin, Texas instead of having to leave the country, which would have jeopardized their ability to return legally for many years.

Effects Of The LIFE Act

In general, the LIFE Act has allowed thousands of immigrants who otherwise might have been unable to adjust their status due to being out of status at one time or another to gain permanent residency. It also enabled immigrants and their families to be together as adjustment applications were processed. For this reason, the LIFE Act continues to be a valuable asset for immigrants seeking adjustment of status and is considered an essential part of U.S. immigration law and policy.

Overall, LIFE Act has been instrumental in providing relief for those who were otherwise ineligible due to their unlawful presence in the United States before December 21, 2000. Allowing certain family members of eligible persons to remain legally while decisions on adjustment applications are pending, has enabled thousands of immigrants to gain permanent residency. For these reasons, the LIFE Act continues to be an essential component of current U.S. immigration law and policy today.

Who Qualifies For Section 245(i) Adjustment Of Status

To be eligible for adjustment of status under Section 245(i), the applicant must meet several requirements.

  • The applicant must have been physically present in the United States on December 21, 2000.
  • The applicant must be the principal beneficiary of an immigrant petition or application filed before April 30, 2001 (or if previously approved but not yet submitted to USCIS, and it must have been pending before that date.
  • The applicant must have a valid family-based or employment-based petition or application.
  • The applicant must not have any bars to adjustment such as being unlawfully present in the U.S. before the adjustment.
  • The adjustment application should have been filed by December 21, 2000, or by April 30, 2001, if the adjustment application was not yet filed.

Applicants who meet all of these criteria are eligible for adjustment of status under Section 245(i). It is important to note that applicants may still be barred from adjustment even if they meet the above requirements. This includes those who have committed a crime or violated immigration law in some way. Applicants with questions about their eligibility should contact an experienced Austin immigration attorney before filing an adjustment application.

The key to adjustment of status through Section 245(i) is having a valid family-based or employment-based petition or application that was pending before April 30, 2001. Also, applicants must be present in the United States on December 21, 2000. 

Those who meet these requirements and do not have any bars to adjustment may take advantage of this valuable legal service. In Austin, Texas, an experienced immigration attorney can help eligible applicants assess their eligibility for adjustment of status under Section 245(i) and determine the best course of action.

Filing For Section 245(i)

Adjusting status through Section 245(i) can be complex and requires careful analysis and preparation. An experienced Austin, Texas immigration attorney can help applicants assess their eligibility for adjustment of status under Section 245(i) and guide them through the adjustment process. Immigration attorneys at Lincoln-Goldfinch Law have a thorough understanding of the LIFE Act and its implications. They will be able to provide knowledgeable advice regarding adjustment applications under this provision.

The adjustment application must be filed correctly with all required documents attached. Then it is submitted to USCIS for review, which may take several months before a decision can be made. It is important to note that applicants who are out of status may not be allowed to remain while their adjustment application is pending, So it is important to discuss this possibility with an immigration attorney before filing.

At the end of the adjustment process, if approved, applicants will receive a Green Card allowing them to live and work in the United States permanently. Section 245(i) adjustment of status provides eligible immigrants with a pathway to permanent residency. It can be a lifeline for individuals unable to adjust their status through other means. In Austin, Texas, experienced immigration attorneys can guide applicants through the adjustment process under Section 245(i).

Can You Get A Green Card Through Section 245(i)?

Those who are eligible for adjustment of status under Section 245(i) can apply for a Green Card It is essential to understand that even if an adjustment application is approved, other steps may be necessary before a Green Card can be granted. An experienced immigration attorney can help guide those seeking adjustment through each stage to ensure accuracy and efficiency in the application process. Once approved, those eligible will receive their permanent residence status or become Green Card holders.

Benefits Of Section 245(i) Adjustment Of Status

Immigrants eligible for adjustment status under Section 245(i) can benefit from the adjustment process. Most importantly, status adjustment enables those ineligible for other forms of status adjustment to apply for permanent residence in the United States. Not only does this make it easier for them to remain legally in the country, but it makes it easier to obtain several benefits.

Gain Lawful Employment

Eligible immigrants can lawfully gain employment and obtain legal wages. It allows them to have many options if qualified making themselves competitive in the job market. So it is easy to support themselves and their family and contribute to the U.S. economy.

Access Social Security Benefits

In some cases, adjustment of status under Section 245(i) may make it possible for eligible immigrants to access social security benefits such as retirement or disability payments that would otherwise be unavailable due to their immigration status.

Travel Abroad & Return Easily

Those with adjustment status can generally leave the country for short periods and easily reenter the United States without fear of being denied entry due to their immigration status.

Bring Family Members To The Country

Adjustment of status makes it much easier for eligible immigrants to bring family members to the United States, potentially reuniting them with loved ones.

Avoid Deportation

Most importantly, under Section 245(i), adjustment of status can help those otherwise subject to deportation proceedings gain lawful residence in the United States. This is particularly important for those facing potential removal from the country and would have been unable to return legally without adjustment.

With these key benefits in mind, it is easy to see why adjustment of status through Section 245(i) is an important option for many immigrants seeking legal protection. Those eligible should contact an experienced Austin, Texas immigration attorney as soon as possible to ensure they take advantage of this program before its expiration date. They can help applicants assess their eligibility and determine the best course of action.

Don't Be Afraid Of Falling Into Deportation Proceedings In The United States And Hire The Services Of An Immigration Lawyer To Help You Obtain Adjustment Of Status

Let Lincoln-Goldfinch Law Represent You

The Lincoln-Goldfinch Law understands the importance of adjustment of status under Section 245(i) and is committed to helping eligible immigrants take advantage of this program. Their experienced Austin, Texas immigration attorneys are highly knowledgeable in the adjustment of status. They can help ensure accuracy and efficiency in the application process. 

In addition, they are dedicated to providing personalized attention and quality legal services that make it easy for those who qualify to gain lawful residence in the United States. Contact them today for an initial case evaluation. Their team is standing by ready to assist you.

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