I am protected by 245i, but I can’t move forward with that petition. What alternatives do I have?

What happens if you have 245i protection, your petition was filed before April 30th, 2001, but you can’t move forward with that petition?

This happens frequently for a variety of reasons. These are some of the most common scenarios:

• Your ex-spouse submitted the petition, and you are no longer married to that person.
• Your employer submitted the petition through the i140 form, and the company no longer exists, or you are not working for that company anymore.
• Your brother or sister submitted the petition, you still have time to wait in order to regularize your migratory status via that petition, but you are tired of being in the US without documents, and are looking for a faster and simpler option.
• Your parents submitted the petition years ago, but for some reason, you can’t regularize your presence through that petition and are looking for ways to become a legal immigrant.

Not everyone can apply to become a legal immigrant through 245i law. Those eligible for permanent residence can’t be under permanent bar, nor have declared to be US citizens.

This process consists of an i130 petition (i.e. a familial petition) or an i140 petition (i.e. an employer petition). i140 petition goes through a process called PERM; it’s a petition from a company.

Someone with any of these petitions, i130 or i140, which had been filed before April 30th, 2001, or who is son, daughter, spouse or ex-spouse (by marriage) of someone who submitted a petition filed before April 30th, 2001, can regularize his/her migratory status via 245i law. The process done through 245i gives the way to become a legal immigrant without leaving the US and provides a work permit during the time the case is still being worked on.

Now, what about those who can’t become legal immigrants through any of these petitions for the previous listed reasons? There are three routes to take.

New petition through a son or daughter.

The easiest route to take is that a son or daughter who is US citizen and older than 21 years submits a new petition. This, along with the petition which gives you protection by 245i, provides the way to become a legal immigrant without leaving the US.

New petition through a spouse.

Likewise, of you are married to a US citizen or legal resident, to submit a new petition along with the one that gives you protection by 245i can provide a way, by paying a $1,000 USD penalty fee plus government fees, can give you the way to become a legal immigrant without leaving the US.

New petition through an employer

If you have neither a spouse nor a +21 year son or daughter who is a US citizen, another way to become a legal immigrant is through a company that is able to submit a new petition. It’s a process that can be complicated. This process is called PERM; it can take a considerable amount of time and there are requisites for the company to be able to submit this petition.

If you don’t have any other option, such as the possibility to submit a petition through a son or daughter, or through a spouse, but you are under 254i protection and are looking for ways to become a legal immigrant, this can be a way.

With the approval of this employment-based petition, the i140, having passed through the PERM process, and with the protection provided by 245i laW, there are people who may have a way to become legal immigrants without leaving the US.