INS Press Release on 245(i)

March 23, 2001

INS Implements Section 245(i) Provision of the LIFE Act

by any deadlines related to Section 245(i). 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, does not need to apply for adjustment of status under Section 245(i). Also, 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 under Section 245(i).

The LIFE Act provides a very short window of opportunity, which ends April 30, 2001, for individuals to preserve their eligibility to file for adjustment of status under Section 245(i). It is not necessary to apply for Section 245(i) adjustment of status on or before April 30, 2001, but to preserve eligibility for Section 245(i) adjustment an individual must:

• Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) or
• Be the beneficiary of an application for labor certification filed with the Department of Labor (DOL) according to DOL rules on or before April 30, 2001, and
• If the qualifying visa petition or labor certification application was filed after January 14, 1998, have been physically present in the United States on December 21, 2000.

All petitions and applications must be properly filed and approvable when filed. Beneficiaries of immigrant visa petitions and labor certification applications that were filed by the cut-off date will be able to submit the application for adjustment of status (Form I-485) under Section 245(i) any time after an immigrant petition is approved and a visa number (priority date) is immediately available in accordance with the State Department’s monthly Visa Bulletin.

The LIFE Act also:

• Creates a new temporary "V" non-immigrant status to allow the spouses and minor children of lawful permanent residents—waiting more than three years for an immigrant visa based upon an immigrant petition filed on or before December 21, 2000—to be admitted to and work in the United States while they are waiting for a visa number (priority date) to be reached on the State Department’s visa waiting list.
• Expands the current K nonimmigrant status (which was only available to fiancées of U.S. citizens) to now include spouses and accompanying minor children of U.S. citizens to be admitted to the United States while their case is being processed.
• Provides adjustment of status for persons who filed before October 1, 2000, for class membership in one of three "amnesty" lawsuits (CSS v. Meese, LULAC v. INS, and Zambrano v. INS). Also provides family unity benefits, which may include employment authorization and protection from certain grounds of deportation, for certain spouses and children of applicants.
• Allows individuals, who previously could not have been eligible for relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA) or the Haitian Refugee Immigration Fairness Act (HRIFA) because they were ordered deported/removed from the United States, to reopen their removal proceedings to apply for adjustment of status under NACARA or HRIFA on or before June 19, 2001.

As LIFE Act regulations are finalized, INS will continue to update the public through the agency’s Web site www.uscis.gov, toll-free customer telephone service 1-800-375-5283, and public outreach to the media and community-based organizations. Forms can be easily downloaded from the INS Web site www.uscis.gov, or requested by calling 1-800-375-5283.

"Immigration law is very complex. Those who have concerns about their eligibility for LIFE Act benefits should be cautious to avoid unscrupulous immigration practitioners. They should contact a licensed attorney or a legal service provider recognized by the Board of Immigration Appeals," urged Acting Commissioner Wyrsch.

(A list of legal service providers recognized by the Board of Immigration Appeals is available on the Internet site www.usdoj.gov/eoir under "Pro Bono Program.")

– INS –