U.S. Citizenship and Immigration
Your Complete Guide, 2nd Revised Edition
~ Updates and Errata ~
May 2001
In this update:
Report on 245(i) extension possibilities.
No
Deportation Based on 245(i) applications.
The latest on V visas.
Report on 245(i) extension possibilities.
Congress is moving forward on extending immigration law section 245(i). Immigration law section 245(i) allows most applicants for permanent residence to interview here (adjust status), avoiding the problems they may face if forced to return home for their immigrant visas. For more on adjustment of status, see Chapter 6). One proposal would extend 245(i) for six months, another would extend it for one year and still another would make it permanent. Readers can tell their congressional representatives how they feel about 245(i) by calling the U.S. capital switchboard at 202-224-3121. Ask to speak to your representative in the House or Senate.
No Deportation Based on 245(i) applications.
The USCIS has announced that it will not start removal (deportation) proceedings against 245(i) applicants based solely on their having filed a family petition or labor certification. If your petition or permanent residence application is denied, the USCIS is free to try to remove you. Also, qualifying for 245(i) won?t necessarily protect you if the USCIS arrests you in a factory raid, or the police report you to the USCIS because you are charged with or convicted of a serious crime. I?d like to think that the USCIS will use its discretion wisely and not try to deport people with winning 245(i) cases. After all, the law itself encourages people to stay here without legal status while waiting to get permanent residence.
The latest on V visas.
U.S. consulates aborad are accepting V visa applications. The V visa allows the unmarried children under 21 and the spouse of a permanent resident to live and work in the United States while waiting to get an immigrant visa. For more on how the USCIS defines family relationships, see Chapter 2. The V visa is also available to a spouse of a permanent residents unmarried children under 21. To qualify the V visa applicant (or his or her child) must be under 21 at the time he or she applies for the visa. Other qualifications include that the permanent resident relative filed a petition for the V visa applicant by December 21, 2000 and that the V visa applicant has been waiting three years or longer for permanent residence.
The USCIS has yet to announce when it will start accepting applications for V status for people already in the United States. If you are in the United States, I suggest that you wait to file here. While the three and ten year bars to reentry (for more on the bars, see Chapter 5) don?t apply, applying abroad is risky. Further, the USCIS is claiming that if you are subject to the bar, you can reenter with a V visa, but still face the bar at your immigrant visa interview in the United States. I think the USCIS interpretation of the law is wrong, but until the matter is clarified, it?s best to wait to apply to change to V status here.
USCIS regulations on changing to V status are due any day now.