I want to fix my husband's papers his protected under the law 245I. What can I do?
All you have to do is file the I-485 packet for him and pay the fine. We can help. But you have to careful and make sure that he is indeed protected. I mean if he has repeated immigration violations, then you would want to go see an attorney to help you through that.
If he is protected by a Section 245i filing, and you are married and you are a US citizen, he can apply for his permanent residence on that basis and would not have to depart the US. The entire process can be completed in the US.
If you are a citizen, you can file the necessary documents ASAP.
If you are a U.S. citizen then you need to comply with all requirements for applying for permanent residency (too numerous to list all here but you can contact me for more information), then you include proof of 245(i) eligibility along with I-485 Supp. A and $1000. Depending on which law he is applying under he may also need to establish physical presence in the United States.
If your husband is covered by 245(i) and has never left the U.S. since his initial illegal entry, he may be able to pay a penalty and remain in the U.S. and adjust his status.
I'm going to need to make a few assumptions in responding that, if not factually true, would pretty much invalidate this response. My first assumption is that you are a U.S. citizen. This is a link to a very good posting on frequently asked questions/answers (prepared by Attorney Carl Shusterman in California) about Section 245 (i) that should answer most of your questions: http://shusterman.com/245ifrequentlyaskedquestions.html Once you are absolutely sure that your husband really is qualified to file an I-485 adjustment of status application under the provisions of Section 245 (i), you should contact competent legal counsel to assist you in the preparation filing, and processing of a combined "one-stop" I-130/I-485 filing. There are many factual scenarios that could still render your husband ineligible for adjustment of status, or even removable from the U.S., so I would not proceed without the assistance of counsel.
If your husband is 245(i) eligible you would put in all your evidence of that along with a regular application for adjustment of status (green card) and pay an additional $1000 filing fee. To be eligible under 245(i) an I-130 petition or I-140 petition or Labor Certification has to have been filed for him (or for one of his parents when he was under 21) on or prior to April 30, 2001.
245i is a great law. If you are a USC, then you can apply for his green card inside the US so there is no ten year bar.Make an appointment with a competent immigration attorney in your area TODAY! And have that person fully analyze his case. 245i will forgive unlawful entry, overstay or employment. For that, you pay DHS an additional $1000.
Assuming your husband does derive benefits under INA 245(i), you would have to file an immigrant visa petition on behalf of your husband. This requires submission of forms and evidence. If you are a U.S. citizen, your husband would file a concurrent application to adjust his status. You should speak to an attorney in person about the matter as there are certain requirements to claim INA 245(i) benefits.
Assuming his case qualifies under 245(i), you can apply for his green card in the US. The entire process takes only 3 to 4 months. And he can qualify for a work permit while waiting for his green card.
Ask a local attorney a question for FREE.
FREE answer from a local attorney.
Your email is only used to send answers to you.