Q1. We have heard a lot about the new Immigration
Law? Please explain?ÝÝ
A. ß245i of the immigration law allows persons to
become permanent residents who entered the U.S. without being inspected
by an INS officer or who failed to always maintain lawful status in
the U.S.Ý However, in order to be eligible you must have
been present legally or illegally in the U.S. on December 21, 2001.
The important thing is that in order to qualify and take advantage
of this law you need to file before the deadline of April 30, 2001.
Q2. How do you qualify
for ß245(i)?
A. You must have either an employer submit a labor
certification or a relative file for a visa petition on your behalf
by April 30, 2001. It is not necessary that your application or petition
is approved by this date, only that it be filed.
For example, there is a tremendous labor shortage
in the U.S. in a wide variety of occupations. Whether you work as
a nanny, domestic worker, cook, a nurse or a professor, a mechanic
or an engineer, if your employer (or prospective employer) is unable
to find a U.S. worker to fill your job, you may be eligible for labor
certification.
U.S. citizens may petition for their spouses, married
or unmarried sons and daughters of any age, parents, and brothers
and sisters. Permanent residents may petition for their spouses and
their unmarried sons and daughters of any age
Q3. How about their wife and children?
Are they eligible?
A. Your wife and your children are considered to
be "derivative beneficiaries" of you.. This entitles not
only your wife, but your children to the benefits of ß245(i).
Q4. What happens if the employer goes bankrupt
or withdraws his labor certification or visa petition? Are they still
eligible?
A. Yes. If a labor certification or visa petition
was "approvable when filed", you are entitled to the benefits
of ß245(i) even if the application/petition was never approved, was
withdrawn, or the petitioner ceases to exist.
Q5. Can someone travel
while petitioning?
A. If you have been "unlawfully present"
in the U.S. for 180 days or more, you may be subject to either a three
or a ten-year bar to returning to the U.S. If this applies to you,
DO NOT TRAVEL OUTSIDE THE U.S. UNTIL YOU BECOME A PERMANENT RESIDENT.
Q6. What should they do
to take advantage of this law before it expires?
Answer. You need to move quickly to meet the April
30 deadline. You may lose your last best chance to qualify for benefits
under ß245(i) and to legalize your status in the U.S.
Our office is ready to file labor certifications and
visa petitions between now and
April 30. We are submitting applications/petitions
in all 50 states to qualify you for lifetime benefits under ß245(i).
Call our office today at 978-266-1028 to schedule
an immediate appointment.
INS Section 245(i)
Guidelines
