Benefits under LIFE ACT AND ADJUSTMENT OF STATUS UNDER 245 (I)
The act permits change of an alien's immigration status in the
US from nonimmigrant or parolee to permanent immigrant if the
alien properly entered the country (legally entered). The term
of a change from temporary to permanent resident is called
adjustment of status.
For most aliens other than Canadian visitors, admission or
parole is reflected on Form 1-94 Arrival- Departure Record
issued by an INS inspector to every alien who entered the US.
The INA lists2 classes of aliens who are not eligible for
adjustment of status, including those who entered the US
illegally, have worked in the US without authorization (or with
expired authorization), and/or have failed to continuously
maintain lawful status since entry.
There are generally two other methods to obtain immigrant status
for those who have been deemed eligible for permanent residence
in the US -- via adjustment of status if the alien is already in
the US and wants to remain in the US during the processing
period or via consular processing if the alien will obtain the
immigrant visa at a US consulate (leaves the US). Without
Section 245(i), consular processing abroad is the only option
for certain aliens who are ineligible for adjustment of status
in the US. For more and in depth information on this law and
benefits please contact us. |
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