The dream of a better future in the United States is common to many. The American country, which offers both job opportunities and personal growth, makes immigrants bet on a better life there. However, illegal immigration is severely punished.
To avoid suffering the consequences of being in the country illegally, it is necessary for the immigrant to petition to adjust their immigration status in the United States. For this, it is essential to understand INA Section 245. In this article, Jaskot Law will explain everything you need to know about this Section of the Immigration Law and how to make an adjustment of status.
What is Adjustment of Status through INA Section 245?
The LIFE Act (Legal Immigrant Families Equity Act) laid the groundwork for the development of INA Section 245, which allowed for adjustment of status. Properly speaking, Adjustment of Status is a legal process by which some immigrants in the United States may change their immigration status without having to leave the country.
Section INA 245 is also known as The American Dream Act, and makes it possible for people who meet certain requirements to remain in the country, regardless of a) the manner in which they entered the country, b) if they are working in the United States without authorization, and c) if they have not maintained their legal status uninterruptedly.
Who can apply for Adjustment of Status?
An immigrant who wishes to apply for adjustment of status through Section 245 must meet a number of requirements in order to be eligible for this benefit. Some of the requirements that need to be met are as follows:
- Be the beneficiary of an application for certification of labor status (Form ETA 750), have a Petition for Alien Relative (Form I-130), or an Immigrant Petition for Alien Worker (Form I-140) filed before April 30, 2001.
- Have been present in the U.S. country before December 21, 2000.
- A visa is available immediately.
- It is admissible in the United States.
Advantages and benefits of Adjustment of Status
An individual who is physically present in the United States, and who meets the criteria set forth by U.S. immigration law, may apply to change his or her immigration status in order to obtain lawful permanent residence. One of the main advantages of adjustment of status is that it allows you to remain in the country, avoiding the need to leave, and apply for an immigrant visa from abroad, as well as to access certain benefits.
Legal employment
A significant advantage of adjustment of status is that, upon approval of the application through INA Section 245, the individual obtains a lawful immigration status that allows him or her to work in the United States in an authorized manner. This not only provides the beneficiary with job stability, but also opens up new career opportunities.
Relatives and deportation
Adjustment of status may be a viable option for those who wish to reunify their families in the United States, as certain close relatives may be included in the application as beneficiaries to be brought to the United States.
Social security
Although this point may vary according to each particular case, another key advantage of this procedure is the possibility of accessing social security benefits. If an immigrant obtains permanent residency through adjustment of status, he or she may be eligible to receive benefits such as Medicare and Social Security, as long as he or she meets the requirements established by the Social Security Administration.
Exit and re-entry to the country
Once an immigrant has obtained adjustment of status in the United States, the beneficiary will be able to leave and re-enter the country for short periods of time without problems. However, it is important to emphasize that the rules and regulations regarding exit and re-entry into the country must always be taken into account.
Green Card through INA Section 245, is it possible?
Section 245 of the Immigration and Nationality Act (INA) allows certain individuals to adjust their immigration status to lawful permanent resident in the United States without having to leave the country. Through this section, an individual may be eligible to obtain a Green Card, provided he or she meets certain specific requirements.
The importance of submitting documents
In order for your application to be accepted, all required documents must be duly submitted, signed in original, and approvable. In addition, all substantive requirements must be met, and the stipulated fees must be paid in order for the petition not to be disqualified.
Petition withdrawn, denied or revoked
If the petitioner withdraws the petition, or it is denied or revoked by USCIS after filing, the petition may still be waived. Under the waiver clause, a visa petition likely to be approved at the time of filing may cause the applicant to continue to be eligible, regardless of changed circumstances related to factors beyond his or her control.
How can an attorney assist in the immigration adjustment process under INA Section 245?
Like any application, the process of immigration adjustment through INA Section 245 can be a complex process. Therefore, it is important to note that for the process of obtaining a Green Card through INA Section 245 it is highly advisable to seek the advice of an experienced immigration attorney.
In Jaskot Lawwe firmly believe that an immigration law attorney will be able to guide the applicant through the entire process, committing and ensuring that all the necessary requirements and formalities are met to achieve the goal of obtaining permanent residency in the United States through INA Section 245.
Frequently Asked Questions
What is Adjustment of Status through INA Section 245?
Adjustment of Status is a legal process that allows certain immigrants in the United States to change their immigration status without having to leave the country. Section INA 245, also known as the American Dream Act, establishes the requirements for this adjustment.
Who can apply for Adjustment of Status?
To apply for adjustment of status under INA Section 245, the immigrant must have met certain requirements, such as having an application for certification of labor status, having been present in the U.S. prior to a certain date, and being admissible to the country.
What are the advantages and benefits of Adjustment of Status?
Adjustment of status allows the beneficiary to work legally in the United States, reunify his or her family in the country, access social security benefits such as Medicare and Social Security, as well as exit and re-enter the country without problems.
Is it possible to obtain a Green Card through INA Section 245?
Yes, Section 245 of the Immigration and Nationality Act allows certain individuals to adjust their immigration status to lawful permanent resident in the U.S. without leaving the country. It is crucial to submit all the necessary documents correctly for the application to be accepted.
What happens if the petition is withdrawn, denied or revoked?
In the event that the petition is withdrawn, denied or revoked, the petitioner may still be exempted under certain circumstances. It is essential to have the advice of an experienced immigration attorney to guide you through this process.
Ana Aguirre Santos is an advanced student of the National Sworn Translator’s Degree in English at the National University of Córdoba (Argentina) where she specializes in legal and commercial translation. She has worked as a translator and copywriter for several websites, creating relevant and reliable content for a variety of users.
