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Do you seek naturalization or ajustment of status?

NOTE: The processes of adjustment of status through 245i protection and going through naturalization later, can be frustrating and complicated procedures.

There are many important choices to make in this confusing process. Any error made along the way could prevent you from obtaining any sort of immigration benefit. This site was created to give you the information you need to make the right decisions. However, it cannot in any way replace the counsel from a Florida immigration naturalization service lawyer or Florida immigration naturalization service attorney or any immigration lawyers in USA.

If you haven’t already done so, stop right now and read our homepage. It’s full of surprising information that could save you a great deal of time and money. Once you’ve read through the homepage, come back here to find out more about your particular situation and how you can benefit from 245i protection for your adjustment of status (green card) and ultimate naturalization.

Benefits of 245i protection

American citizenship laws and immigration laws allow qualified individuals to enter the United States as lawful permanent residents (“green card” holders) after they obtain immigrant visas from a consulate or embassy outside the United States or, for many immigrants already lawfully in the United States, through a process called “adjustment of status.”

If you entered the United States unlawfully (illegal immigration), if you entered with permission but did not stay in lawful status, or if you worked without permission, you normally would have to leave the United States in order to apply for an immigrant visa.

HOWEVER, special rules under section 245i of the Immigration Nationality Act may allow you to apply to adjust status without leaving the United States, and ultimately seek naturalization.

You might need section 245i protection if you:

  • Entered the U.S. without being inspected by an Immigration official.
  • Stayed in the U.S. longer than allowed by Immigration.
  • Entered the U.S. as a worker on an aircraft or ship (crewman).
  • Entered the U.S. as a “Transit Without Visa.”
  • Failed to continuously maintain a lawful status since your entry into the US.
  • Worked in the U.S. without Immigration permission.
  • Entered as an “S” nonimmigrant (relates to witnesses about criminal or terrorism matters).
  • Are seeking a work-related visa and are out of status at the time of filing the application to adjust status (Form I-485).
  • Worked in the U.S. while being an “unauthorized alien.”
NOTE: There are some groups that may not need to use section 245i protection.

The following groups of people do not need 245i protection:

  • The spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age if he/she was inspected and lawfully admitted to the United States, but subsequently overstayed his/her authorized admission or worked without permission, may apply for adjustment of status (green card) under section 245(a) and does not need to use section 245i protection.
  • Certain persons who are eligible for certain employment-based immigrant visas and who were inspected and lawfully admitted to the United States, but have not violated their status or worked without permission for more than 180 days, do not have to apply for adjustment of status (Green card) under section 245i protection. They may be able to use section 245(k).

Who is Eligible for 245i protection?

Note: It is important to understand that the program offering 245i protection ended on April 2001. Thus, anyone that had already submitted some sort of petition to the bureau citizenship and immigration services –USCIS during that time can be eligible for 245i protection. Anyone who had not submitted any documentation on his/her case prior to April 30, 2001 will not be eligible for 245i protection.

You are eligible for protection under 245i if one of the reasons above prevents you from using the regular section 245 provision AND:

  • You are eligible to receive an immigrant visa and are admissible to the United States for permanent residence;
  • An immigrant visa is immediately available at the time your application is filed;
  • Your visa petition or application for labor certification that would qualify you to become an immigrant was filed on or before April 30, 2001, was approvable when filed; AND
  • If your petition or application was filed after January 1, 1998, then you must also prove that you were in the U.S. on December 21, 2000.

NOTE: If eligible for protection under 245i, you must pay the penalty fee of $1,000 and will be able to get your green card through adjustment of status (green card) without having to leave the United States and eventually seek naturalization.

As you can read from the above, determination of eligibility of protection under 245i is very technical. Because of this, I strongly recommend you seek advice from a Florida immigration naturalization service lawyer (also known as Florida immigration naturalization service attorney) or any immigration lawyers in USA.

It's not worth it to do this on your own to save a couple of dollars when in the end it might cost you your eligibility for protection under 245i, having to leave the US to obtain your green card, or even prevent you from being able to obtain your green card at all let alone your naturalization! Proceed with a good and trustworthy immigration lawyer in matters of adjustment of status (green card) or naturalization and best of luck to you!



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