245 Flashcards
§245 of the immigration law allows persons to become ______________ without leaving the U.S. through a process called ________________________.
permanent residents, adjustment of status
Who is barred from adjusting their status?
Generally, persons who entered the U.S. without being inspected by an USCIS officer, who have ever been unlawfully employed in the U.S. or who failed to always maintain lawful status in the U.S. are barred from adjusting their status in the U.S.
A person with a labor _________ or a visa ________ filed on their behalf on or before January 14, _______ is qualified for the benefits of §245(i).
labor certification, visa petition, 1998
What are the benefits of §245(i)?
§245 of the immigration law allows persons to become permanent residents without leaving the U.S. through a process called adjustment of status.
If physically present in the U.S. on the date of enactment of the new law (December 21, 2000) and a labor certification or visa petition filed on their behalf after January 14, ____, but on or before April 30, 2001 then the person =========>
1998, is also qualified for the benefits of §245(i).
Does this mean that I must have been lawfully in the U.S. on December 21, 2000?
No, merely that you were present, legally or illegally, in the U.S. on that date.
A person who qualifies to be a permanent resident may be able to apply to obtain a green card without leaving the U.S. This procedure is called _______________________.
adjustment of status.
How do you qualify as a permanent resident?
By obtaining a Green Card.
How do you obtain a green card?
Most people obtain green cards by being sponsored by their relatives or through their employers. Others become permanent residents through EB-5 investments, the green card lottery or asylum.
Who is eligible to adjust their status?
(1) “Immediate Relatives” of a U.S. citizen; (2) Those who Qualify under section 245(i) and pay an appropriate fine; (3) Those who Qualify under section 245(k) if they are employment-based immigrants; or (4) Asylees or Refugees who Qualify under section 209.
What kind of petitioner may qualify under 245(k) for adjustment of Status?
An alien who is eligible to receive an I-140 immigrant visa petition and other occupation based petitions]
Section 245(K) is a great tool for__________ - _______ immigrants to correct their previous violations in the United States.
employment-based immigrants
