Law 245i provides a way to obtain immigration documents approval without leaving the US. If the person who submitted the original petition died, is your ex-spouse or if you have illegal enters and exits; and your petition was filed before April 30th of 2001, this could be an option.
Sometimes, those under 245i law have difficulties in their case. Those who have (or had) to wait more than 20 years to fix their legal status under 245i law can face the death of the person who initially made their petition. If the petition was filed before April 30th of 2001, there is still a chance to fix your legal status.
Protection via 245i law
With 245i law, there is some protection: a one thousand dollar penalty fee can be paid in order to obtain legal status within the US if requirements are met.
If the person who submitted the first petition died, you could fix your legal status with a new petition from another family member, either your American citizen or legal resident spouse, son or daughter over 21 years.
The new petition can also be based on employment. In case you count with an employment and don’t have a family member who can submit a new petition for you, a company willing to go through a migratory process named Perm can do it.
As it’s a humanitarian process, it can be harder to fix your legal status following this strategy.
A typical scenario can be that the person who submitted your petition (before April 30th of 2001) is your ex-spouse from you have divorced, or that your children reached 21 years and are under 245i law protection. If your ex-spouse submitted the petition on goodwill, you can still be protected by 245i law. By paying a one thousand dollar penalty fee and government honorariums, you would have a way to fix your legal status through 245i law.
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FAQ about 245i law
A frequent question is if legal status can be fixed through 245i law when having illegal entries and exits, referring to cases where a person is under the permanent bar. The permanent bar is a sanction applied to those who have a year of unlawful presence or a removal proceeding after April 1st of 1997, leave (or get removed) from the US, and re-enter the country illegally.
It is important to talk with an immigration attorney since it can be difficult to determine if someone is under the permanent bar. Those with entries and exits, or under the permanent bar who have 245i law protection will not be able to fix their legal status without leaving the US.
There are other ways to resolve your migratory status. It is worth mentioning that not everyone can fix their legal status under permanent bar, however there are ways to achieve it without relying on 245i law.
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