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Archive for July 27, 2007
USCIS ISSUES FAQ #2 FOR EB ADJUSTMENT APPLICATIONS FILED BY ALIENS WHOSE PRIORITY DATES ARE CURRENT UNDER JULY VISA BULLETIN
July 27, 2007 by Bradley Maged.
The CIS has released its second set of FAQs. I will be on vacation through Sunday and will not be updating this blog until then. Consider this some light weekend reading!
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SOME UNDOCUMENTED ELIGIBLE TO APPLY FOR GREEN CARDS UNDER CURRENT LAW
July 27, 2007 by Bradley Maged.
The following is not legal advice. Please contact a qualified immigration lawyer to discuss the specifics of your situation.
Under Section 245(i) of the INA, certain aliens who are unlawfully in the US can pay a $1000 fine to the government and be forgiven for having: (1) entered without inspection, (2) worked without authorization, and/or (3) overstayed their non-immigrant status.
The following conditions must be satisfied to qualify under this provision: (1) the applicant must have been physically present in the US on December 21, 2000; (2) the applicant must have been the beneficiary, spouse of the beneficiary or minor child of the beneficiary of a labor certification application or immigrant petition that was filed on or before April 30, 2001; (3) the applicant must not have left the US since December 21, 2000.
If the applicant has documentary evidence to establish that these conditions have been met, (s)he is eligible to either start a new process or continue the initial process. It does not matter whether the initially filed petition or labor certification application was later withdrawn, abandoned or denied, as long as it was not frivolous.
Doesn’t this sound a lot like the controversial plan that had the country in a frenzy earlier this year? It passed both Houses with little fanfare as President Clinton left office. Eligible aliens who meet the criteria discussed above are eligible to grandfather under the law that was passed at that time.
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