Legal Question in Immigration Law in Pennsylvania

What happend with the 245i extension law?

Hello

I came to USA on july 18th 2002, I applied for the i130 on june 28th 2003, got the receipt from INS on july 2nd 2003, my father is a US citizen and he's my sponsor. Im married in my country and I have 2 kids ( 5 & 8 y.o.), my I94 experied on july 18th 2003. I want to know what possibilities we have to get the residence. I hear that I need the 245i extension to get it, Is this true? Is some possibilities to get the residence if the 245i is not aproved right now? Thanks


Asked on 2/24/05, 6:10 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: What happend with the 245i extension law?

Unfortunately, the prospects of a new 245i look bleak right now. I am not aware of any 245i bill ready to be introduced in Congress. Even if there was a bill introduced, it is highly doubtful that it could get passed by Congress, which is Republican and very conservative, anti-immigrant. The 245i extension was supposed to be voted on 9/11 by the Senate. Along with a lot of people, the bill died and was never reintroduced after that. Because of the 10 year unlawful presence bar, you can't consular process unless you stay out of the US for 10 years or obtain a waiver based upon extreme hardship to your USC parent, which is not easy to obtain. So consular processing is risky. Without 245i you can't adjust status. So basically, you can't get a green card in the US without 245i.

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Answered on 2/27/05, 12:22 pm


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