Tips about the 245(i) act

Do you know how the 245(i) act can benefit you? It is an Immigration and Nationality Act that serves as a pardon for immigrants, giving the possibility to undocumented people to obtain a Green Card or permanent residence. 

At Quiroga Law Office PLLC, we give you five useful tips that can help you in this regard.  

1- Who qualifies for 245(i)? 

This law is specially designed to help people who have entered the country but do not meet the conditions to process adjustment of status. Therefore, it is important to consider whether your situation fits the following: 

• Immigrants without papers who entered the country illegally. 
• People who are working without a work permit. 
• People who entered legally with their visa but stayed longer than they should. 

Do not forget that this law does not protect people who are in the middle of a deportation process. 

2- How can you request 245(i) protection? 

People who seek to benefit from immigration forgiveness must have in mind the following elements: 

• It is necessary to have a work or family petition in your name and to have lived in the United States before April 30, 2001. 

• If the petition was presented between January 15, 1998, and April 30, 2001, it must be proven that the person was present in the country on December 21, 2000. If it was made before 1998, there is no need to prove presence physical. 

It is necessary that the person does not have any legal impediment that could hinder the process. 

3- Who can you turn to start the process? 

The work is carried out with the United States Citizenship and Immigration Services (USCIS), who will indicate which forms must be completed and at what fees. However, before requesting protection, be sure to receive the advice of a good immigration lawyer, as he or she can advise you on the different benefits that you may or may not access, depending on your case.  

4- What to do if the petitioner dies or if the employer withdraws the petition? 

In those cases, the petition will remain in effect for the family. However, the case can only occur if: 

• The petitioner dies. 
• If an employer closes their business after the petition is made. 

• If the employer or petitioner withdraws their petition or labor certification. 
• If the spouse who requested the petition divorces of the beneficiary. 

5- Meet the submission requirements. 

Immigration entities pay a lot of attention to the legality and correct presentation of the documents. Therefore, any application or certification must be up to date, showing data that can be legally recognized. 

Any breach or alteration will correspond to the disqualification of the request. 

Also read: Who can adjust their status through the 245(i) act? 

Remember that at Quiroga Law Office, PLLC, we are willing to help you. Contact us. Our team of lawyers will take care of your case and will be with you throughout the process. 

Request a consultation or call us, (509) 498-3485.