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Ask Zoraima! Immigration Advice Column
I have come here illegally. What are the steps to obtain legal status?
A person is allowed to obtain their permanent resident status even when he or she entered the United States without inspection. In other words, if an individual has traveled to the U.S. without a visa or authorization from immigration, section 245(i) of the Immigration Law INA allows an immigrant to acquire their permanent resident status as long as he or she pays the $1,000.00 fee. This also applies for those persons who overstayed the authorization given by immigration or those who worked without authorization.
However, there are some requirements that need to be met in order for a person to qualify under this regulation:
1. The person who wishes to obtain benefits under section 245(i) (including their spouse and children) must have been the beneficiary of an application for labor certification or another type of petition. Other types of petitions include applications for immigrant laborers, family petitions, entrepreneur petitions, and others under section 204.
These applications must have been approvable at time when they were filed. This means it should not have been a frivolous application. Even if the application was not approved, as long as it was approvable when it was filed it is acceptable.
2. These applications must have been received by immigration after January 14, 1998 and before April 30, 2001, or on that same date. If the application was submitted via mail, it must have the seal from the post office dated April 30, 2001, or a previous date as long as it is after January 14, 1998.
3. The person who is seeking to benefit from section 245(i) must be present in the United States since December 21, 2000, including that day.
It is also important to mention that the 245(i) section of the law does not provide for a waiver for those persons who are inadmissible under the immigration law INA. However, this is a topic we will cover in a different occasion.
For more information about applying for lawful permanent residency, schedule an appointment with the LAA’s immigration staff. Simply call at 404-471-1889.
Zoraima Flores, Esquire
