 |
 |
WHY DO YOU NEED AN ATTORNEY FOR SECTION 245(i)
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
I have heard about Section 245(i), and how it will
allow certain illegal aliens to eventually adjust status (or be
interviewed for their greencard) in the U.S. I know I need to
have a family petition or Labor Certification filed before the
law expires on April 30, 2001, but I want to do it in the cheapest
possible way.
I read advertisements in newspapers by immigration
consultants, who claim they can handle legal matters "just
like a lawyer".
Do you think it is advisable for a person to handle
their immigration matter on their own, or use a consultant who
charges less than a lawyer does?
Very truly yours,
M.K.
Dear M.K.:
I can understand people's desire to try to save
money wherever they can. However, Section 245(i) is such an important
law with a critical deadline, I do not think people should
take chances, just because they want to save money.
Many people try to handle their own immigration
matters through the process of "trial and error", where
they "learn" immigration through mistakes. However,
because of the importance of Section 245(ii), and the April 30,
2001 deadline, you do not have the luxury of making mistakes,
or else you will miss the deadline.
A couple recently came to my office for a consultation,
after they tried to handle their immigration matter on their own.
The wife, who was a U.S. citizen, tried to petition her husband,
who was a "jumpship", before the original expiration
date of Section 245(i), which was January 14, 1998. What could
be easier than an American citizen spouse petitioning her spouse?
She tried to file her petition before the original expiration
date of January 14, 1998, but did not include the proper filing
fees. Four months later (long after the deadline had passed),
the INS rejected her filing because she lacked the proper fee.
Therefore, she did not have a "properly filed" petition
before that original deadline, and missed out on Section 245(i).
Fortunately for her, Section 245(i) was recently revived, and
the jumpship husband was given a "second chance". But
what if Section 245(i) was not revived? Then the husband could
not be interviewed for his greencard in the U.S., and would have
to go back to the Philippines, and may not be able to return to
the U.S. for 10 years! The couple came to our office, to make
sure that this time, everything was done correctly.
In another case, a person came to me for consultation,
after having first gone to an immigration consultant. She showed
me a letter from the immigration consultant, assuring her that
her case had been filed. The consultant had even attached a "receipt"
from INS to prove it was filed. When I examined the receipt, it
was nothing more than a tape from an ordinary calculator. The
consultant bought a "paid" stamp from a local stationery
store, and stamped "paid" on the calculator tape.
I showed the woman a "real" receipt from
the INS, and she realized that she had been tricked by the consultant.
The consultant had taken her hard-earned money, but never
filed her case. Had the woman not come to me for a "second
opinion", she would have been fooled by the consultant, missed
the 245(i) deadline (as no petition had actually been filed),
and would end up going home to the Philippines to be interviewed
(which is her biggest fear!).
Section 245(i) is not the time when you should
try to learn immigration law. If you make a mistake and miss the
deadline, you may never have the chance to be processed for your
greencard in America. Then, the only hope for becoming "legal"
would be going back to the U.S. Embassy, where you could possibly
face a ban from returning to the U.S. for up to 10 years.
Although it may seem simple or straightforward to
secure Section 245(i), there are a lot of little details and requirements,
which, if you miss or mess up, you blow the opportunity to section
Section 245(i). For example:
- What is the proper amount of fees for the particular
petition?
- Do you file the case at the Service Center or
at the Local District Office?
- Have you filled out the form fully and completely?
- Have you included all the necessary documents
to support your eligibility?
- Which relatives can file a family petition on
your behalf? Remember, if you have a relative file a petition
on your behalf who is not legally recognized as an appropriate
petitioner, your case could be rejected, and you will not
secure your Section 245(i) eligibility.
- Was your case "properly file" or "approvable
when filed"? Remember, even though you may file a family
petition or Labor Certification Application before the deadline,
if the case was not "approvable when filed", you will
not secure your Section 245(i) eligibility.
There are so many more details involved in making
sure that a case if properly filed and approvable when filed.
That is why I strongly recommend that, because the stakes are
so high, you should seek the assistance of a reputable attorney,
who can analyze your case, make sure you meet the applicable requirements,
and that your case is "properly filed" before the deadline,
and is considered "approvable when filed."
Back
to Main
|
|
|
