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USCIS Application Support Centers

USCIS Application Support Centers

By Brian in Citizenship & Naturalization | on 2024-03-25 16:38:35

Application Support Centers (ASCs) provide a platform for collecting biometric data after an applicant submits the relevant forms. The ASCs do not accept direct application filings.

 

Visa applicants can submit their biometrics for immigration benefits after booking an appointment. Usually, applicants receive notification of ASC appointment through their registered mail and should always wait until they receive the notice.

 

How Appointments at ASCs Work

As U.S. Citizenship and Immigration Services (USCIS) processes your application, they may schedule an appointment at ASCs. If you receive a notification to attend the appointment, make it a priority.

 

If you miss the appointment, it can cause delays or the need to repeat specific steps. It could also affect your eligibility for benefits and result in the rejection of your application or petition.

 

If you can’t make it to an appointment, read the notification to find alternative instructions and options. 

 

However, USCIS allows applicants to schedule or cancel their appointment if ill or experiencing symptoms of the following illnesses:

  • Active tuberculosis (TB)
  • Severe headaches
  • Chickenpox
  • Mumps
  • A cold or the flu
  • COVID-19
  • Contagious diseases

 

The USCIS is willing to reschedule your appointment without any penalties. 

Role of Application Support Centers(ASCs) in Citizenship Applications

Receive and Quickly Process Biometric Data

The limited number of USCIS offices makes it difficult for applicants to submit their biometric data. However, since each state has several ASCs, the applicants can easily access the service.

 

Similarly, each ASC handles a small number of biometric data applications compared to processing the data from USCIS offices. The ASCs centers invite applicants on an appointment basis, so you’ll only take a few minutes to submit the biometrics.

 

Reduced Processing Times

In addition to learning whether USCIS has approved your visa application, you must also brave a long wait time. In response to the needs of people, the USCIS has increased the number of ASCs to serve more applicants at a time.

 

The USCIS has equipped ASC centers with highly skilled workers to assist applicants with biometric submission, safeguarding data, submitting data to federal centers, and handling appointment needs.

 

Cost Savings for Applicants

The availability of ASCs in different locations countrywide reduces the burden on applicants. Instead of traveling to a single or a few biometrics collection points, applicants can find an ASC center nearby.

 

Consequently, the applicants save money they could have spent on bus fares, fuel, accommodation, meals, car rental, or flight charges.

 

Enhanced Applicant Experience

The applicant support centers have a direct link with the USCIS, making it easier for applicants to obtain more information about their applications. Since ASC is an extension of the federal center, they enjoy access to information concerning application progress.

 

Since many USCIS applications are submitted online, ASC centers create a human face to the application process. If applicants need help with their submission, they can find this assistance from an Austin immigration law firm.

 

The right immigration attorney can guide you through the visa and citizenship application process and address any concerns you may have.

Spousal Visa Processing Time

By Brian in Visas and Green Cards | on 2024-03-23 08:35:51

A spousal visa or CRI spousal visa is a green card that allows someone from another country to live in the United States with their spouse. The spouse should be married to a U.S. citizen or someone with permanent residency status.

 

You can obtain a CR-1 visa (conditional resident) if you’ve been married for less than two years. Alternatively, you can get an immediate relative (IR visa) if you’ve been married for over two years. 

 

The visa is granted on a conditional basis, which means the U.S. citizen and the beneficiary can apply for the removal of the conditions after two years. 

 

CRI Spousal Visa Processing Time

The longest wait time for a spousal visa is approximately 9.3 months. Even so, it is much longer for foreigners married to green card holders. The processing time might also be longer depending on the service center where you submitted the form I-130.

CR1 Requirements

You should submit the CRI/1R1 spouse if the sponsor is a U.S. citizen. Alternatively, submit the F21 if the sponsor is a green card holder or permanent resident.

 

A CR1/IR1 visa allows a U.S. citizen or permanent resident to sponsor their foreign spouse to come to the United States. 

 

Here are the requirements for obtaining the visa:

  • The sponsor should be a permanent residence or U.S citizen
  • The couple should be legally married and provide a valid marriage certificate
  • You should establish the authenticity of the marriage through photographs, flight itineraries, joint bank accounts, or a life insurance cover that lists the other partner as the primary beneficiary.
  • The sponsor must pledge to support their spouse financially and file an affidavit confirming the financial support. The sponsor should also be able to support the household up to 125% of the federal poverty level. However, the sponsor can use a joint sponsor if they fail to meet income requirements.
  • The sponsor should also have a U.S. domicile, meaning they must either live in the United States or demonstrate they plan to return to the United States with their foreign spouse.

How a Spousal Visa Attorney Helps

The U.S. immigration system allows lawful permanent residents and U.S. citizens to apply for spousal visas for their foreign national spouses, allowing them to immigrate into the country. If your spouse is applying from abroad, they will go through “Consular Processing,” allowing them to apply for the green card in their home country at a U.S. consulate.

 

The process is handled by the U.S. Department of State rather than USCIS and is often complicated and occasioned by long wait times. A skilled spousal visa attorney can apply their skills and experience to make the consular processing as painless as possible.

 

Filling out erroneous or misleading information is one of the main reasons for rejected applications. Regarding spousal visa attorneys, they rarely make mistakes when making CRI visa applications. 

 

An immigration attorney understands the necessary paperwork and ways to comply with the requirements to facilitate a seamless process. Subsequently, consular processing culminates with an interview at the U.S. consulate in your spouse’s home country. 

Can You Apply for a Green Card for Your Parents?

By Brian in Visas and Green Cards | on 2024-03-19 22:29:54

You can sponsor your parents to receive green cards if you are a U.S. citizen and at least 21 years old. However, applying for a green card for your parents can be a complicated process with various requirements. Having the guidance of an experienced Austin immigration attorney can make all the difference in navigating through the application process. 

At J. Sparks Law, PLLC, we understand the importance of family reunification and are here to provide you with the legal support and guidance you need.

 

Understanding the Process

Applying for a green card for your parents involves several steps. It’s essential to have a clear understanding of the process before initiating the application. Here are some key points to consider: Always seek guidance from an immigration attorney in Austin before beginning the process.

Eligibility

To apply for a green card for your parents, you must meet certain criteria. First, you must be a U.S. citizen and at least 21 years old. Additionally, your parents must be outside the United States when you file the application and meet the definition of an immediate relative.

Filing the Petition

As a U.S. citizen child, you’ll need to file a Form I-130, Petition for Alien Relative, on behalf of your parents. This form establishes the relationship between you and your parents and serves as the initial step in the green card application process.

Wait Times

Once the petition is filed, there may be a waiting period before your parents can proceed with the green card application process. The wait times can vary, depending on various factors, such as the completeness of the application and the backlog of cases at the immigration office.

Consular Processing

If the petition is approved, your parents will go through consular processing. This involves completing various forms and attending an interview at the U.S. embassy or consulate in their home country. The purpose of the interview is to determine their eligibility for a green card.

Adjustment of Status

If your parents are already in the United States on a nonimmigrant visa, they may be eligible to adjust their status to that of a permanent resident. In this case, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, without having to leave the country.

 

Why You Need an Austin Immigration Attorney

Navigating the green card application process for your parents can be confusing and time-consuming. Having an experienced Austin immigration attorney by your side can significantly increase your chances of a successful outcome. You can save resources and gain peace of mind with the right legal assistance. 

 

Austin, TX Immigration Attorneys Ready to Help

If you’re in Austin, TX, and need assistance with a green card application for your parents, J. Sparks Law, PLLC is here to help. Our experienced team understands the importance of family reunification and will guide you through the immigration process. Call us today at (512) 952-2178 or contact us online to schedule a consultation with our Austin immigration attorney. Let us be your trusted legal partner in achieving your family’s immigration goals.

What Is I-601a Processing Time After Biometrics?

By Brian in Immigration | on 2024-03-08 20:49:43

To apply for a provisional unlawful presence waiver, you must complete Form I-601A and submit it to the U.S. Citizenship and Immigration Services (USCIS). Once the USCIS has approved your application, you can attend a green card application at your country of origin, U.S. embassy, or consulate.

 

The 1-601a processing time varies depending on the workload of USCIS at the time of submission. It generally takes 4-6 months to process a 1-601a waiver application. An applicant can request a faster decision on a provisional unlawful presence waiver per USCIS expedited guidelines.

 

A trusted Austin immigration attorney can provide legal guidance about the waiver request and handle your application.

 

How Long Does it Take to Process an I-601a Waiver?

It can take 4-6 months to process a 1-601a waiver application within the United States. It may take longer to obtain approval if you apply from another country. You will also need to submit biometric information and attend an interview.

 

The Department of State (DOS) estimates the applicant’s visa interview will take between 2-3 months after:

  • The DOS accepts the unlawful presence waiver
  • The applicant submits the necessary paperwork to process the unlawful presence waiver

 

A USCIS official may speed up your application under particular, unique circumstances. For example, if a lengthy wait is likely to affect a U.S. citizen’s family member or quality of life, the official may speed up the process.

 

What Happens After Approval of 1-601a Waiver Application?

A consulate of the U.S. embassy will provide you with information once the USCIS has approved your application. You will receive instructions on scheduling a new visa interview at the consulate or embassy.

 

Once you’ve received a notification of approval from the USCIS, the consulate will forward further information to you. The package usually arrives 1-2 days after USCIS approval. Contact the consulate if the package has yet to arrive within 30 days.

 

Applicants are allowed to schedule a visa interview online. However, if your most recent interview was conducted over a year ago, you may need to provide additional paperwork, such as a new medical exam and biometric information.

 

Does a 1-601a Approval Change Your U.S Legal Status?

The U.S. Department of Homeland Security clearly states that an approval of a provisional unlawful presence waiver is not equivalent to a grant of a lawful immigration status or extension of a period of stay.

 

The approval doesn’t allow an alien to enter the United States without obtaining a visa or gaining temporary work authorization, nor does it protect aliens from removal, law enforcement action, or other immigration benefits.

 

Get in Touch With an Experienced Austin Immigration Attorney

The I-601A provisional waiver process is complicated, with a possibility of rejection or delay can affect your goals of living in the United States. It is, therefore, necessary to have an experienced attorney by your side for legal advice and support.

 

At J.Sparks Law PLLC, we have a team of attorneys with over 20 years of experience, giving us the confidence and experience to represent you. Contact us online or at 512-952-2177 to schedule a consultation.

 

What Is Digital Citizenship?

By Brian in Citizenship & Naturalization | on 2024-02-29 09:00:59

We live in the digital age. Technological innovations, including social media, artificial intelligence, blockchain, and augmented reality, have made life easier. Even so, the digital landscape poses risks, with many people needing to learn how to use it safely and positively.

 

Digital citizenship aims to teach individuals how to participate and engage in responsible ways of using technology. It also equips users with skills to protect themselves from internet dangers and respect other people’s human rights.

 

Digital citizenship is different from your citizenship of a country. Consider speaking to a trusted Austin citizenship attorney for legal support and advice to formalize your U.S. citizenship.

 

Why Is Digital Citizenship Important?

Digital citizenship enables users to engage positively, critically, and competently in digital environments. It also helps internet users take a claim as a member of the online community. Digital citizenship requires consideration, empathy, and responsible decision-making skills.

 

Digital citizenship is not about telling people what to do in an IT environment. It is about teaching people how to manage their increasing data lives to keep themselves and others safe.

 

Since people spend a substantial amount of time on the internet, people need to act responsibly on various platforms. Social interactions have evolved across multiple messaging apps, message boards, and social media platforms.

 

The interconnected lives have profound implications for people now and in the future. 

 

Here’s why being a responsible digital citizen helps: 

  • Employers evaluate candidates’ social media activity to determine their suitability
  • College checks student’s digital footprint while awarding an admission
  • Immigration authorities use the digital footprint to assess an applicant’s suitability

 

Considering what is at stake for digital citizenship, people should conduct themselves better to preserve their interests.

Concepts of Digital Citizenship

  • Empathy: Empathy is an attempt to understand another person’s perspective beyond the digital screen. Internet users must respect everyone’s feelings. Having empathy means being responsive to everyone positively and openly.
  • Understanding User Data: Many websites and social media platforms collect different data points, including media usage, location, and personal details, which they can sell or transfer to other partners.  Digital citizenship can help users gain more control of their user data, understand user agreements, and find better ways to stay safe online.
  • Practice Digital Literacy: Digital literacy is similar to media literacy, meaning reading online information about what it means, its origin, its purpose, its target audience, and if it’s factually accurate. Through digital literacy, users learn about ethics, cyberbullying, and self-protection.
  • Digital Wellness: Digital wellness is the pursuit of an intentional and healthy relationship with technology. Since many jobs and activities rely on the internet and digital devices, digital wellness promotes safe use habits and maintaining a healthy lifestyle.

Get in Touch With an Experienced Austin Immigration Attorney

Unsafe internet use can lead to criminal records, preventing you from acquiring U.S. citizenship. However, you can minimize issues by speaking to an experienced immigration attorney for legal advice.

 

At J.Sparks Law, PLLC, we have over two decades of experience representing immigrants, which gives us a competitive edge. Contact us online to schedule a consultation.

Immigration Medical Exam – What Do They Check?

By Brian in Visas and Green Cards | on 2024-02-27 09:00:21

If you’re applying for an immigrant visa or an adjustment of status, you must submit a medical assessment with the application or during the interview. 

 

The United States Citizenship and Immigration Services (USCIS) requests a medical exam to ensure you do not have a medical condition that makes you ‘inadmissible’ for public health reasons.

 

A government-authorized doctor, also called a civil surgeon, completes the immigration medical exam. 

 

In the immigration medical exam, you can expect:

  • Alcohol and drug screening
  • Mental and physical evaluation
  • A review of your medical history and immunization records
  • Tests for particular conditions— sometimes an X-ray test

 

Many applicants get nervous about the immigration medical exam, which is normal. However, there’s no need to worry. 

 

Consider speaking to a trusted Austin citizenship attorney for advice on avoiding common pitfalls during the immigration medical exam.

Immigration Medical Exam Step-by-Step Guide

Step 1: Choose the Right Doctor

If you’re completing your application with the USCIS, visit https://www.uscis.gov/ and search “find a doctor.” 

 

If you’re applying for an immigrant visa while abroad, there is a limited choice of doctors, and you must get a medical exam from the listed healthcare providers. You can also obtain a list of doctors and instructions for each embassy/consulate from Travel.State.Gov.

Step 2: Schedule the Exam

You may need to schedule a medical exam if you’ve just received an interview notice on the adjustment of status application. You can also schedule a medical exam if it has already expired, meaning more than a year after it was submitted to USCIS.

 

You should schedule the medical exam a few weeks before the interview so you’ll have the results in hand to submit at the interview.

 

Preparing all the documents before the appointment can help the medical exam sail smoothly.

 

Here are the documents to bring to your medical exam:

  • Vaccination or immunization record
  • A copy of your medical history
  • A copy of previous x-ray, test result, or medical history
  • A government-issued photo ID card
  • Health insurance card
  • 1-693 form
  • A letter from a certified physician outlining a treatment health plan for your current condition

Step 3: During the Immigration Medical Exam

 

Here’s what you can expect during the exam:

  • Questions regarding your medical history
  • Questions about alcohol and drug use
  • A urine test
  • A mental health examination
  • An X-ray test
  • Physical examination of your eyes, nose, throat, heart, lungs, skin, and lymph nodes
  • The doctor may request records from the police, school, military, or employment for physical and mental health disorders.

Get in Touch With an Experienced Citizenship Attorney For Legal Assistance

It is vital to pass the medical exam since it is crucial in determining whether you’ll extend your stay in the U.S. Understanding what to expect and the medical exam that makes you ineligible can promote a seamless immigration journey.

 

Since navigating the immigration process may be overwhelming, you deserve assistance from an experienced immigration attorney like J. Sparks Law, PLLC.

 

Contact us online to schedule a free consultation.

How Long Can Parents Stay on Visitor Visas in the US?

By Brian in Visas and Green Cards | on 2024-02-25 09:00:08

Once you’ve gained U.S. citizenship, you may want to invite your parents to spend time together. Your parents can use the B2 visa, which allows applicants to visit the U.S. to visit their family members and friends or for tourism.

 

The visitor’s visa, also called a tourist visa, is a non-immigrant visa classification that gives temporary access to people who wish to enter the U.S. 

 

If your parents gain entry to the U.S. using a tourist visa, they can stay for 180 days or six months. 

 

Consider speaking to a trusted Austin visa attorney to obtain legal support for your immigration needs.

Rules and Regulations for Using a Tourist Visa

Staying in the United States with a Tourist Visa

 

Here are a few things to note:

  • In specific cases, the United States Customs and Border Protection Officer may establish a period of stay that is likely to be shorter than six months.

 

  • If granted a stay up to 6 months, you can enjoy the visit for the entire duration even if you had indicated a shorter period during the interview.

 

  • It is ill-advised to exceed the date indicated with the stamp of your passport since you could be barred from re-entering the U.S. due to an unlawful presence offense.

Re-entering the United States With a Tourist Visa

The period in which a non-immigrant has to re-enter the United States on a tourist visa depends on how long they’ve stayed in the country.

 

Here are a few notes to take into account:

  • If their initial stay was 90 days or less, they may return to the country after leaving the U.S. for a maximum of 180 continuous days per year.

 

  • If they stay for over 180 days but less than a year, they may have to wait three years to re-enter the country on a tourist visa.

 

  • If you’ve been in the country illegally for over a year, you may have to wait ten years to re-enter on a tourist visa.

 

Even so, an experienced visa attorney can request an immigration waiver, allowing you to re-enter the country without waiting for the ban period.

Can My Parents Stay More than Six Months In the United States?

For a tourist to stay for more than six months on a B-2 tourist visa, they must complete Form 1-539, an application to extend or change nonimmigrant status. 

 

Extension of a tourist visa is limited to unique circumstances such as family mishaps, medical matters, or inability to fly or return to the country of origin.

Speak to an Experienced Austin Visa Attorney to Discover Your Options

If you feel the six-month period limits your parents’ stay in the United States, consider legal help to extend their visa or upgrade to permanent residency. Since most legal matters are complicated, an experienced Visa attorney can manage them on your behalf.

 

At J. Sparks Law, PLLC, we have a team of experienced attorneys with a proven track record of solving immigration issues.

Contact us online to schedule a consultation.

What Happens If You Call Immigration on Someone?

By Brian in Deportation | Immigration | on 2024-02-23 19:14:59

Immigration issues can be complex and overwhelming, especially if you find yourself in a situation where you feel the need to report someone to the immigration authorities. However, it is essential to fully understand such a decision’s potential consequences and implications. In this blog post, we will explore what happens if you call immigration on someone and why it is crucial to seek the guidance of an experienced Austin immigration lawyer.

 

The Complexity of Reporting Someone to Immigration

Reporting someone to immigration can result in serious consequences for the person involved. It is important to understand that immigration matters are a complex legal field that requires in-depth knowledge and expertise. Actions taken without sufficient understanding can lead to unintended outcomes, including potential harm to innocent individuals or strained relationships.

 

Why Seeking Legal Assistance is Essential

When considering reporting someone to immigration, it is crucial to consult with an experienced lawyer who specializes in immigration law. An Austin immigration attorney can guide you through the process and provide invaluable advice tailored to your specific situation. By seeking legal assistance, you can ensure that your actions are carried out properly and under the law.

 

Understanding the Consequences

Before deciding to report someone to immigration, it is vital to know the potential consequences. Immigration authorities will thoroughly investigate any reports received, and depending on the circumstances, the consequences can range from mild to severe. These consequences may include:

  • Investigation: Once a report is made, immigration authorities will conduct a thorough investigation to determine the validity of the allegations. This investigation may involve collecting evidence, interviewing the parties involved, and reviewing relevant documents.
  • Administrative Actions: If the investigation substantiates the allegations, immigration authorities may take executive action against the person in question. These actions can include revoking visas or residency status, imposing fines, or initiating removal proceedings.
  • Legal Ramifications: In more severe cases, reporting someone to immigration may lead to criminal charges. This is especially true if the reported individual is involved in fraudulent activities or poses a threat to national security.

The Importance of Legal Counsel

Navigating the complexities of immigration law requires the expertise of a skilled attorney. An Austin immigration lawyer can provide the necessary guidance and support throughout the entire process. We will ensure that your actions comply with the law, protect your rights, and help you navigate any legal challenges that may arise. Seeking legal advice is crucial when considering reporting someone to immigration in Austin. Trust J. Sparks Law, your reliable and experienced Austin immigration lawyer, to guide you through the process and protect your rights. 

 

We Are Compassionate, Dedicated Austin Immigration Lawyers!

  1. Sparks Law has handled all types of immigration matters for 15 years. We are a full-service Austin immigration attorney service, dealing with everything from asylum to DACA to VAWA petitions. If you need immigration assistance, please contact us to schedule a free legal consultation today. Hablamos español.

VAWA Processing Time

By Brian in Immigration | VAWA | on 2024-01-31 07:03:02

VAWA (Violence Against Women Act) immigration petitions take two years and two months to process on average. Sometimes, it takes up to two years and six months to process. If you file a green card application at the same time as the VAWA petition, the processing time can take an additional 12 months. All in all, some VAWA petitioners will wait 36 months until their cases are fully processed. Updated VAWA processing times are available on the USCIS website. 

 

What Is the Violence Against Women Act?

Undocumented immigrants are generally unwilling to notify the police if they’ve been the victim of a crime because they fear they will be deported. Many will even avoid hospitals, airports, and school authority figures out of this fear. Unfortunately, because of this, some realize that undocumented immigrants are “the perfect victims” of theft, abuse, and violence. For example, employers have been paying undocumented workers less than minimum wage without benefits for generations.

 

Finally, in 1994, Congress took a stand against one of the most heinous violations undocumented women were swallowing in silence—domestic violence. If you have relatives who are lawful permanent residents/citizens and you become the victim of domestic violence, you are eligible to self-petition for lawful status under VAWA. You do not need the perpetrator to be involved. Recently, Congress expanded the qualified forms of violence and abuse via the VAWA Reauthorization Act of 2022

 

Currently, for the purposes of VAWA, “violence against women” refers to:

  • child abuse and neglect
  • sexual assault (any conduct that meets the federal definition of sexual abuse)
  • domestic violence
  • elder abuse
  • dating violence
  • intimate partner violence
  • stalking 
  • financial abuse (controlling the victim’s ability to use, acquire, and maintain economic resources)
  • a pattern of coercive behavior attempting to gain or maintain power and control over the victim (psychological, verbal, or technological abuse that may or may not constitute criminal behavior)
  • threatened abuse (whether it was carried out or not) 

 

What About Victims Who Aren’t Women?

Despite its name, VAWA is not age or gender specific. It protects an expansive group of victims: 

  • transgender people
  • men
  • girls
  • boys
  • abused spouses
  • minor children of citizens/lawful permanent residents
  • unmarried children abused by citizens/lawful permanent resident parents or step-parents
  • abused parents of U.S. citizens

 

During your VAWA Processing Wait Time

It is imperative that you keep your contact information up-to-date during your petition processing time. You can also simply list your immigration attorney’s address. USCIS may contact you for further information at any point.

 

Use Form I-485 and I-765 to request legal permission to work while your petition is processing. If you need to briefly leave the United States during your processing time, you can also use Form I-485 so that USCIS knows you have not abandoned your petition.

 

We Are Compassionate, Skilled Austin VAWA Lawyers

  1. Sparks Law has handled a myriad of VAWA petitions. We are a full-service Austin VAWA attorney service, dealing with all types of immigration cases, from asylum to DACA. If you believe you qualify for a VAWA petition, please contact us for a free consultation. Hablamos español.

Immigration and Nationality Act Section 245(i)

By Brian in Asylum | Immigration | on 2024-01-30 18:55:04

You might be surprised to know there is a way for undocumented immigrants currently in the United States to gain legal status without leaving here. Section 245(i) of the Immigration and Nationality Act (INA) states that if a person has a labor certification application or immigrant visa petition filed on their behalf by a certain deadline, he or she does not need to leave the U.S. to apply to get their papers. Not every undocumented immigrant with a petition already on file will meet the criteria, though. On top of that, there is a $1,000 price tag on this visa that can be prohibitive to some.

 

Qualifying for an INA 245(i) Status Adjustment

While the deadline for this law gets updated periodically, it has not been changed in a generation. At the present moment, an immigrant can apply for a 245(i) “legal status adjustment” if a labor certification application, I-130, or I-140 was filed on their behalf before April 30, 2001. Unfortunately, because this deadline is from a generation ago, it applies to very few undocumented people in the U.S. 

 

Before 2001, the last time the 245(i) was updated was 1994. That was only a seven-year wait. 245(i) is presently looking at a 23-year wait. In other words, INA 245(i) is long overdue for a new deadline. When that update does happen, hundreds of thousands of undocumented immigrants in the U.S. will be able to become legal permanent residents.

 

Does It Matter How the Undocumented Immigrant Entered the U.S.?

No! Under Section 245(i), you could have crossed the border illegally or overstayed a visa. How you entered the United States is not an issue. The provisions of this statute allow the applicant to have any immigration violations waived upon payment of a $1,000 fee. In other words, if someone can qualify under INA Section 245(i), it is often the best route to becoming a lawful permanent resident because things that might get a petition thrown out otherwise are non-issues here.

 

Understanding Eligibility for an INA 245(i) Adjustment

In addition to the criteria mentioned above, these are the other requirements for getting your papers through Section 245(i):

  • The immigrant is otherwise admissible (whether through normal means or a “waiver of inadmissibility”)
  • If the family or labor certification petition was filed between January 15, 1998, and April 30, 2001, then the immigrant in question (“the beneficiary”) must have been present in the U.S. on December 21, 2000.
  • The immigrant must still be present in the United States at the time of their 245(i) status adjustment.

 

In addition to being the named beneficiary in a family visa or labor certification application, the spouse or child of that named beneficiary is also eligible through Section 245(i).

Remember that under INA Section 245(i), the immigration department has full authority to exercise its discretion on who gets their legal status adjusted. 

 

Need a Qualified, Experienced Austin Asylum Lawyer?

  1. Sparks Law is a knowledgeable, professional Austin asylum attorney service. We can help you petition for a family member, see if you qualify under Section 245(i), and any other immigration needs you may have. Contact our office today to get started. Hablamos español.

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