Re: Out of Status

Music and Art at the Ukrainian Institute of America

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Posted by Tatiana Durbak on July 21, 2003 at 10:54:40:

In Reply to: Out of Status posted by Ken on July 13, 2003 at 23:59:59:

: Translated to English by me from Natalia

: Please help with information.

: 1. Came to US on B-1 visa with husband
: 2. Overstayed visa and have been out of status for two years.
: 3. Both of us have state I.D., drivers license and SS card with "valid for work with INS Authorization".
: 4. While we both have good skills and degree, cannot get good job because employers require I-9 requirements.
: 5. We will work hard but cannot find legal job.
: 6. We have small apartment but it is hard for money.

: Questions:

: What is 245i?
: Will we ever be able to be legal?
: What do we do?

245i is a section of the Immigration and Nationality Act. It is no longer in effect. However, many people are working to renew this section of the law. 245(i) permitted people to adjust their status to that of permanent resident (i.e. get a green card while in the US) if the only reason they could not do so was the fact that they had entered the US illegally OR that they had been out of status.

No one knows if you will ever be able to be legal, because no one can see into the future. There are no immediate possibilities, but if the law changes (and it changes constantly) in a way that is helpful, perhaps you will be able to do so.

I would strongly urge you to speak to an attorney who practices primarily or entirely in the field of immigration law. The attorney will be able to explain the law to you and to explain what possibilities may exist in the future. Although an attorney will probably charge you a consultation fee, you will knopw for certain what the possibilities may be. At the very least, you will know which kinds of things would get you into more trouble and which kinds of things could cause problems even if the law changed.

If you would like to, you may write to me directly, and I will be more specific. I do not post specific immigration advice on this bulletin board. I speak Ukrainian, so Natalya may write to me directly, if she wants to.

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Comments:
: : Translated to English by me from Natalia : : Please help with information. : : 1. Came to US on B-1 visa with husband : : 2. Overstayed visa and have been out of status for two years. : : 3. Both of us have state I.D., drivers license and SS card with "valid for work with INS Authorization". : : 4. While we both have good skills and degree, cannot get good job because employers require I-9 requirements. : : 5. We will work hard but cannot find legal job. : : 6. We have small apartment but it is hard for money. : : Questions: : : What is 245i? : : Will we ever be able to be legal? : : What do we do? : 245i is a section of the Immigration and Nationality Act. It is no longer in effect. However, many people are working to renew this section of the law. 245(i) permitted people to adjust their status to that of permanent resident (i.e. get a green card while in the US) if the only reason they could not do so was the fact that they had entered the US illegally OR that they had been out of status. : No one knows if you will ever be able to be legal, because no one can see into the future. There are no immediate possibilities, but if the law changes (and it changes constantly) in a way that is helpful, perhaps you will be able to do so. : I would strongly urge you to speak to an attorney who practices primarily or entirely in the field of immigration law. The attorney will be able to explain the law to you and to explain what possibilities may exist in the future. Although an attorney will probably charge you a consultation fee, you will knopw for certain what the possibilities may be. At the very least, you will know which kinds of things would get you into more trouble and which kinds of things could cause problems even if the law changed. : If you would like to, you may write to me directly, and I will be more specific. I do not post specific immigration advice on this bulletin board. I speak Ukrainian, so Natalya may write to me directly, if she wants to.

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