How does section 245I Work?

Hola mi gente, this is attorney María Mendoza. Today, I want to talk to you about an essential resource for immigrants seeking to adjust their immigration status within the United States: Section 245I of the Immigration and Nationality Act. This law allows certain immigrants, who are otherwise ineligible, to regularize their status if they meet specific requirements. In this article, I will explain how this law can benefit you and the steps you need to follow to become eligible.

What is section 245I and how does it work?

Section 245I of the U.S. Immigration and Nationality Act allows undocumented immigrants to adjust their status to permanent resident without having to leave the country, thus overcoming significant barriers related to their entry history that would otherwise prevent such an adjustment.

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Requirements to benefit from section 245I

To qualify under Section 245I, you must meet several specific criteria that we explain below:

• Petition filed before april 30, 2001: One of the main requirements is having a petition filed before April 30, 2001. This petition can be filed by a family member, such as a parent, spouse, or sibling.

• Indirect relationship: The law allows some individuals to qualify indirectly. For example, if your parents had a petition filed before the deadline and you were a minor at the time, you might benefit. Similarly, if you were married to someone who filed a petition before that date, you may also be eligible.

• Meeting other legal requirements: You must ensure that you are not subject to "permanent bar" or have been previously deported. Additionally, it is important that you do not have a serious criminal record that could affect your case.

Advantages of adjusting your status under section 245I

One of the biggest benefits of adjusting your status in the U.S. under Section 245I is that you do not need to leave the country, which eliminates many risks. Other benefits include:

• Work permit: During the adjustment process, you can apply for a work permit that will allow you to legally work in the U.S. while your case is pending.

• Social security number: Once you adjust your status, you will have access to a Social Security number, which will open up employment and financial opportunities in the country.

• More efficient process: Adjusting status under Section 245I is usually faster than other methods, avoiding the need to leave and re-enter the country.

Risks of adjusting status by leaving the country

Although some immigrants consider leaving the country to adjust their status, this option carries risks. By leaving, you may face a complicated process that increases the likelihood of your case being denied, especially in consulates like the one in Ciudad Juarez, Mexico, where many cases are rejected. For this reason, it is preferable to adjust your status within the United States.

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Considerations for taking advantage of section 245I

If you want to benefit from Section 245I, consider the following:

• Consult with an immigration attorney: The best way to ensure your case is handled properly is by consulting with an attorney who specializes in immigration law. An attorney can review your situation and determine if you qualify to adjust your status under Section 245I.

• Gather all necessary documentation: It’s essential to have all the necessary documentation in order to support your case, including any information related to your immigration history.

• Avoid leaving the country without legal advice: Before deciding to leave the United States, consult with your attorney to avoid potential complications in the reentry process or denial of your status adjustment.

Section 245I offers a unique opportunity for those who wish to adjust their immigration status without leaving the United States. If you have a petition filed before April 30, 2001, or if a close family member filed one, you may be eligible to benefit from this law. It is advisable to consult with an immigration attorney to ensure your process is handled effectively. At The Mendoza Law Firm, we have over 14 years of experience in immigration cases. If you find yourself in this situation, don't wait any longer and get in touch with us.

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