In this video, we'll talk about section 245i of the Immigration Act. A very unique section
that will allow people that even came here illegally back in the day could still adjust
status today because of that unique section of the law. So, watch this video and I’ll
explain to you what it is because who knows, maybe you'll qualify. In this video, we'll
talk about the amended section 245i of the immigration law that allows certain people
who even if they came here illegally still can adjust status. We'll talk about it in
a second. But before that, if you’re here for the first time, please subscribe to our
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our followers on Instagram as well. So in this video, I wanted to answer a question
that just came to my office the other day. We had a consultation with an individual who
came here illegally to the United States. He has been here since 1990. He came here
illegally and he was essentially looking… he was desperate. And then after the conversation,
I realized that he had an employer, that filed for him a labor certification in 2000, and
that labor certification was approved. And so that gives us some opportunities to help
people like that. Because now, that I had that information, I realized that he has now
more options. And let me explain to you what I mean by this. So, let's start with what
is section 245i. Section 245i basically allows some individuals, even if they came here illegally,
because remember, if you come here illegally, you cannot adjust your status, even if you
marry a US citizen in most cases. So, somebody who is a beneficiary of Section 245i, even
if you came here illegally, is able to adjust your status if certain conditions will apply.
And the conditions are, you’re physically present in the US on or before December 21,
2000, must have an immigration petition or a labor certification filed before April 30,
2001, and that labor certification or immigration petition must have been approved. If those
three conditions are met, a person is a beneficiary of Section 245i to this day. That means that
if they find another way to adjust their status, for example, by marriage to a US citizen,
they're able to use that section 245i protection to be able to qualify and file for Adjustment
of Status even today. So for example, if this client that I mentioned before can provide
me proof that he is a beneficiary of Section 245i because he had a labor certification
filed for him or another immigration petition like brother or sister before April 30, 2001,
and nothing happened with that petition, by the way, and so he never got his green card
but now, he's married to US citizen, I'm able to take their proof and still qualify him
for the benefit, which means he's not going to have to leave the country, go to the US
Embassy, be subject to bars, and years and years of separation from their family members.
And now, they can adjust their status based on the protection of Section 245i. Now, back
in the day, in 2001, before the sunset, there was a huge surge of applications, people really
wanted to file and qualify because those people who came here without any inspection, that
was the last resort to help them be able to stay in the US and get the green cards based
on that benefit. So now, as the years go by, less and less people are beneficiaries of
Section 245i but it's really important to know about it. Because if you, let's say you're
an employer, and you're now working with an employee, and he's been here for so many years,
it's important to ask those questions. “Hey, have you ever had a labor certification filed
for you before? Have you ever had an immigration petition file for you before?” I always
ask those questions when I interview clients when they come to my office. And so, it's
really important to know about section 245i because it is one of those last resorts that
we have now. And I wouldn't call it a loophole, but those are kind of like grandfathered immigration
provisions that no longer exist. And people ask me right now, “Do you think that section
245i will ever come back?” Well, I don't know. It's really hard to say because with
all the immigration reforms that we've read, and all these proposals and all the bills,
there really was no mention of Section 245i revival. In my opinion, it is a good section.
It is a good protection of the law because it's there, it exists. And all they have to
do is bring it back and say, give a date and say, if you've been here before 2015 and had
a labor certification filed, then you qualify or whatever date they decide. But again, it's
important to know that as of today, this section never returned. They never extended it. So
right now, all we have is people who are present here before December 2000, had a labor certification
or an immigration petition filed before April 30, 2001, and had those petition approved.
Any individuals like that, who are here in the US and still are without status. If they
find another way to get their status, either by marriage or some sort of petition, they
are now able to use that section to qualify and get their green card. So, hopefully, you
found this has beneficial. Section 245i is a really important benefit of immigration
law. And we really hope that one day it will come back and become part of our law. So,
any questions, if you know anybody who would benefit from this video, make sure you share
it with them. If you have questions about section 245i and how it works, post them in
the comment below and I’ll try to answer it as best as I can. Thanks for watching.
I will see you in our next video.