245(i) is Back On the Table: Who Qualifies if it Passes?

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with Carl Shusterman, Esq.

Quick & Easy FAQ Style Recap

Question 1: My sister is a US citizen and she filed for me last week. I have been here with my family for 2 years. How do we benefit under 245i, am I able to get an employer
to file labor certification since my sister filed for me?

Carl Shusterman's Answer

Question 2: I am on bench now with sponsoring employer...he is willing to offer future job upon GC approval...got EAD, if INS issues RFE for paystubs...will it be a problem...can 245(i) save me from this situation?

Carl Shusterman's Answer

Question 3: Hi. My wife is in US since 11/1998. Her I-94 got expired on 02/11/2001, but she has valid visa until 05/2003. Is she out of status? If so, is 245 (i) applicable for her?

Carl Shusterman's Answer

Question 4: What does the established familial relationship mean and how hard is this going to be to fight if marriage was not established? I was not married until September 14, 2001. However me and my husband were engaged and lived together previous to August 15, 2001. Will we be able to fight familial relations established? Plus we have a i-139 petition filed in November and approved in January. Will this help?

Carl Shusterman's Answer

Question 5: I entered USA on C1/D and my lawyer has missed the date to file 245(i) the first time and then she has filed in October 2001. Now I am going to marry to a USC, will the new extension help me?

Carl Shusterman's Answer

Question 6: I arrived in March 2001 on a B1 visa, valid till November 2001. Do I qualify for 245i?

Carl Shusterman's Answer

Question 7: We came here on H-1B and H4 visa before December of 2000, but we were out of status since then. How can we benefit from 245i? What do we have to do to remain legally here without going back to our country?

Carl Shusterman's Answer

Question 8: My wife is only a resident awaiting her green card and my uncle is a US citizen. Can either one sponsor me (I overstayed a visitor visa years ago) under the 245i extension?

Carl Shusterman's Answer

Question 9 (General Comments):
Sums up all important questions surrounding the new 245(i) law.

Carl Shusterman's Answer

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