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INA, SECTION 245(i)
THE LIFE ACT, LIFE ACT AMENDMENTS
by Berel Barer
[email protected]
ALL ABOUT SEC. 245(i): OVER 400 QUESTIONS AND ANSWERS
SUMMARY
WHAT DOES THIS PRACTICALLY MEAN "TO BE BENEFITED FROM SEC.245(i)"?
THE OPTIONS AN ALIEN HAS: FAMILY-BASED IMMIGRATION
Child
Spouse
Marriage
THE OPTIONS AN ALIEN HAS: EMPLOYMENT-BASED IMMIGRATION
Petition
Application
INTRODUCTION
HISTORY
MEMORANDUMS
Concurrence
Applicability to the April 30, 2001 Deadline
RECENT EXTENSION
The LIFE Act
LIFE Act Amendments
APRIL 30, 2001 DEADLINE
"GRANDFATHERING"
"ALIEN-BASED READING"
BARS TO ADMISSION
IMMEDIATE RELATIVES
PENALTY
INS, DOL v. DOS
DATE OF SUBMISSION AND APPROVAL
UNADJUDICATED FILINGS
FILINGS THAT HAVE NOT YET BECAME CURRENT
FILINGS THAT ARE DEFICIENT
Filings submitted without fee
Fraudulent filings
Filings submitted without any basis in law or fact
Filings deficient because INS requires additional information
Filings deficient because DOL requires additional information
USED FILINGS
ADVERSE ACTIONS
Withdrawal v. denial
Adverse actions based on change in circumstances
Examples of changed circumstances beyond the alien's control
Adverse actions not based on change in circumstances
Petition
Application
Examples of merits of the petition or application itself at the time of filing
Grandfathered children and spouses
The "after-acquired" children and spouses
"Aged-out" children
The "after-divorced" spouses
Approved filings
Different filing
Reasons for changing the filing
DV Lottery
Change of employer
Change of petitioner
Employment-based petition
Family-based petition
VISA NUMBER
HISTORY OF THE "ALIEN-BASED READING"
UNLAWFUL PRESENCE
REMOVAL PROCEEDINGS
ADJUDICATORS
APPLICANT'S BURDEN
ADJUDICATORS� EFFORTS
Check of INS records
Difficult cases
BASIS FOR ADJUSTMENT OF STATUS
"APPROVABLE AT THE TIME OF FILING" v. "PROPERLY FILED"
"APPROVABLE AT THE TIME OF FILING"
Family-based immigrant visa petition
"PROPERLY FILED"
"Properly completed"
More information
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THE LIFE ACT
THE LIFE ACT AMENDMENTS