wfn.org | Section 245(i) allows immigrants to adjust status

[NewsDesk@UMCOM.UMC.ORG]

Jan. 19, 2001	News media contact: Linda Bloom·(212) 870-3803·New York
10-21-30-71B{021}

NOTE: This is a sidebar to UMNS story #020.

NEW YORK (UMNS) - Questions and answers about Section 245(i) of the Legal
Immigration and Family Equity Act of 2000.

Q: What does Section 245(i) do?

A: It allows eligible people to adjust their legal status and eventually
become permanent residents without leaving the United States. Petitions must
be filed with the Immigration and Naturalization Service by April 30 to
qualify, and immigrants must be able to prove they were in the United States
on Dec. 21, the date the section became law, to be eligible.

Q: Who needs an "adjustment of status?"

A: Most people who entered the United States without inspection, overstayed
an admission, acted in violation of the terms of their status, worked
without authorization, entered as a crewman or were admitted in transit
without a visa are considered out of status. To complete the process of
becoming a permanent resident, they would need to use Section 245(i) to be
eligible for an adjustment of status.

Q: How do you file a petition?

A: A relative must file a visa petition for the eligible person. An employer
also can submit a labor certification to the Department of Labor. Although
approval can come later, both must be filed by April 30.

Q: What relatives are eligible?

A: U.S. citizens can petition for their spouses, children, parents and
siblings. Legal permanent residents can petition only for spouses and
unmarried children.

Q: Can anyone self-petition?

A: Abused spouses and children of U.S. citizens or permanent residents can
file their own petitions.

Q: What is the fee? 

A: The $1,000 fine for being out of status usually is paid later, but fees
also are charged for the filing of visa petitions or labor certification.

Q: What is the next step?

A: Once the immigrant visa petition is filed, the next step is filing an
adjustment of status application to acquire permanent residency. Eligibility
to adjust status does not expire as long as the visa petition has been filed
by April 30.  

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United Methodist News Service
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