 PRESSURE MOUNTS WITH PENDING EXPIRATION OF SECTION 245(I)
As undocumented immigrants around the country rush to find ways to qualify for adjustment of status under section 245(i) before it expires on April 30, many are vulnerable to unscrupulous “immigration consultants” who promise them perfect results and often take no action at all on their case. Many “consultants” have opened shop, with some charging as much as $ 25 for forms that are freely available from the INS (or on our web site at www.visalaw.com/forms) .
Section 245(i) allows people who are in the US who entered without authorization, have immigration status violations, or who have engaged in unauthorized employment to apply for immigration through a qualifying family member or employer. It was reinstated last December, and will expire at the end of this month. The provision is important because it allows people to go through the process of adjustment of status within the US, rather than returning home, which, because of the status violations, would result in a three of ten year bar from reentering the US.
Advocates have been working hard to inform people of the provisions of the law and to warn people to be aware of those who offer services without any intention of following through or who convince applicants that 245i is an amnesty. A particularly large concern is that not everyone who is undocumented is eligible under section 245(i), and if one files and is not eligible, it could lead to his or her deportation.
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