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I.N.S. ISSUES REGULATIONS
GOVERNING SECTION 245(i) ² PART 3
by Michael J. Gurfinkel, Esq.
The Immigration and Naturalization Service has finally
issued the regulations governing eligibility for adjustment of
status under Section 245(i) of the Immigration and Nationality
Act, as amended by the Legal Immigration Family Equity Act (LIFE).
They also provided questions and answers about 245(i).
In previous articles, we listed some of the provisions
of the INS regulations, as well as questions and answers from
INS.
While the following material answers all important
questions you may have about Section 245(i), INS reminds the public
to consult a reputable immigration attorney for their individual
situation. The INS said: ËFor more specific information about
your own particular situation, you should be cautious to avoid
unscrupulous immigration practitioners and contact a licensed
attorney or a legal service provider recognized by the Board of
Immigration Appeals.Ó
Here are some more important provisions of the INS
regulations, which took effect on March 26, 2001), discussed in
Question and Answer form, as furnished by the INS in its own
words:
13. Am I still considered "illegal"
if I have an immigrant visa petition or labor certification application
filed on my behalf on or before April 30, 2001?
The mere filing of a visa petition or application for a labor
certification has no effect on your current immigration status
or unlawful presence in the United States. If you are not in lawful
status, you will continue to accrue periods of unlawful presence
until you properly file your application for adjustment of status
(Form I-485) under Section 245(i). When you file an application
for adjustment of status, you stop accruing unlawful presence,
but the periods of unlawful presence you accrued before your adjustment
application are not eliminated.
14. Can I travel outside the United States
if I have an immigrant visa petition or labor certification application
filed on my behalf on or before April 30, 2001?
If you are living illegally in the United States, the mere
filing of a visa petition or application for a labor certification
has no effect on your current immigration status or unlawful presence
in the United States. If you leave the United States, you will
have no authorization to re-enter the country. When you file your
application for adjustment of status (Form I-485), there is a
way to obtain permission in advance to travel abroad by requesting
"Advance Parole" from INS. However, if you
have accrued more than 180 days of unlawful presence, you should
not travel abroad because you then will be barred from admission
to the United States for either three years or 10 years, even
if you were granted "Advance Parole." Generally,
the three-year bar to admission applies to those who were unlawfully
present in the United States for more than 180 days and leave
the country, and the 10-year bar applies to those who were unlawfully
present in the United States for one year or more and leave the
country.
15. Can I work in the United States if
I have an immigrant visa petition or labor certification application
filed on my behalf on or before April 30, 2001?
No. The filing of a visa petition or application for a labor
certification does not authorize you to work in the United States.
You can apply for work authorization at the same time you file
your application for adjustment of status (Form I-485) under Section
245(i) authorization by including a Form I-765 ("Application
for Employment Authorization") and the $100 application fee.
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