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Section 245 of the Act allows the Attorney General to change the status of aliens with an immigration visa to a permanent resident (LPR). An immigrant applying for an immigration visa has to keep in contact with the US consular abroad to meet the conditions. Before receiving an immigration visa, the immigrants must be "inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence and, with some exceptions, have maintained lawful non immigrant status."(1) To fall under this section the aliens must not have been employed illegally. Under the section 245, section 245(i) falls right under it. Section 245(i) allows other ways to abstain a visa if the immigrant has not met the requirements of Section 245. Section 245(i) says that aliens with immigrant visas can improve there status by applying and paying a fee of $1000 surcharge. Alien are able to improve there status even though they have not met all of the requirements like entering the United States without inspection, not meeting the maintenance of the status requirement Even though this seems like a promising law, is it worth all the money and the work to apply?
Background
Section 245 of the Act allows an alien to adjust
his or her status to that of a lawful permanent resident (LPR)
while in the United States if certain conditions are met.
Among these are that the alien have been inspected and admitted
or paroled and not engaged in unauthorized employment, Section
245(i) of the Act allows certain aliens
to adjust status under section 245 notwithstanding the fact that
some of these conditions are not met. From October 1, 1994 to
January 14, 1998, any alien willing to
pay the additional fee specified in section 245(i) who met the
other requirements of section 245 could adjust status under that
section.
Changes made to section 245(i) in the Departments
of Commerce, State and Justice Appropriations Act for 1998, Pub.
L. No 105-119, 111 Stat. 2440 (1997) limit the
class of aliens who may avail themselves of the exception under
section 245(i) to the general section 245 requirements. This memorandum
provides instruction
regarding the acceptance of applications for adjustment of status
under section 245(i).
(2)
Citation:
(1) Department of Justice. 8 CFR Part 245 [INS No. 2078-00: AG Order No. 2411-2001] RIN 1115-AF91. Vol. 66, No. 58. Monday March 26, 2001
(2)Law Offices of Carl Shusterman. INS Memorandum Interpreting Section 245(i). http://www.shusterman.com/245i-499.html. Monday, May 21, 2001