245(i) temporary restoration
This
temporary restoration applies to persons eligible for family petitions,
labor certifications and I-360 self-petitions. Temporary means the
person can apply to adjust their status to that of a permanent resident
between now and April 30, 2001.
This
temporary restoration of 245(i) allows certain immigrants who are
eligible for lawful permanent residence status (meaning there is a
visa or "green card" available) to adjust status by filing the appropriate
papers here in the U.S. upon payment of a $1000 fine. Those immigrants
will not have to go back to their country of origin to adjust status
as they have had to since January 1998.
Persons
eligible for family petitions include the following relatives of U.S.
citizens: spouses, children under the age of 21, unmarried children
over the age of 21, parents, and siblings over the age of 21. Other
eligible persons are the following relatives of legal permanent residents
(LPRs): spouses, children under the age of 21, and unmarried children
over the age of 21.
Certain
other immigrants may be eligible for temporary visas if they are the
child or spouse of an LPR, the LPR has filed a petition for them,
and it has been pending for more than three years. Alternatively,
they may be eligible if they are the child or spouse of an LPR, the
LPR has filed a petition for them which has been approved, three years
or more have elapsed since the filing date, and the immigrant visa
is not yet available.
The K
visa status has also been expanded. That is a temporary visa for spouses
or children of U.S. citizens who are awaiting an immigrant visa. This
new legislation will apply to people who were physically present in
the U.S. on December 21, 2000, the date the law was passed. All
applications must be received by the INS by April 30, 2001.
Amnesty
for Registered Class Members
Registered
class members in three lawsuits challenging INS implementation of
the 1986 amnesty legislation are eligible for amnesty. To be eligible,
the person must have entered the US before January 1, 1982, and must
have registered as a member of the class in any one of the three lawsuits.
