© 2018 by Joseph B. Caraccio Attorney-at-Law 

Law Office of Joseph B. Caraccio

620 Wilson Avenue, Suite 271

Brooklyn, NY 11207

(516) 669-0448

jbc@jbclawoffice.com

Joseph B. Carccio Immigration Lawyer
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Attorney Advertising: This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. This website is owned and operated by Joseph B. CaraccioNY Immigration Lawyers DOT org is not a law firm or business entity and does not engage in the practice of law.

This website is attorney advertising. Prior results do not guarantee a similar outcome.

NY Immigration Lawyers practicing immigration law in New York, New Jersey, Long Island, Staten Island, Bronx, Westchester, Brooklyn, Queens, Bushwick, Bed-stuy, Park Slope, Brooklyn Heights, Crown Heights, Williamsburg, DUMBO, Red Hook, Downtown, Atlantic Avenue, East New York, Richmond Hill, Kew Gardens, Forest Kills, Jamaica, Rego Park, Queens Village, Nassau County, Suffolk County, Huntington Station, Mineola, Glen Cove, Hempstead,  Glen Head, Bayville, Sea Cliff,  Levitown, East Meadow, Herricks, Albertson, Roslyn, Old Brookville, Locust Valley, Wyndanch, Elmont, Ozone Park, Bayside, Little Neck, Douglaston, Astoria, Flushing, Newark, Kearny, and we will take any Immigration Case anywhere in the United States.

Section 245(i) of the Immigration & Naturalization Act (INA) allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty. The LIFE Act temporarily extends the ability to preserve eligibility for this provision of law until April 30, 2001. Use of Section 245(i) adjustment of status previously was limited to eligible individuals who were the beneficiary of a visa petition or labor certification application filed on or before January 14, 1998.

You can find detailed information about INA 245(i) grandfathering at nyimmigration.org

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 ƒ 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 ƒ

 

Also have been physically present in the United States on December 21, 2000, if the qualifying visa petition or labor certification application was filed after January 14, 1998. All petitions and applications must be properly filed and approvable when filed. NOTE: There are some groups that may not be affected 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).