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US Immigration Section 245i - Get Green Card Even If You Are Illegal

In this video an immigration attorney talks about Section 245i of the Immigration Nationality Act which allows a person to get a green card even if the person entered the USA illegally.

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This video is intended for education purposes and should not be taken as legal, financial or tax advice. You should consult with a professional about your unique situation before acting on anything discussed in these videos. Freedomtax Accounting and Multiservices Inc., Freedom Insurance Financial Inc., Freedom Realty Source Inc., and Freedom Immigration International Inc. are providing educational content to help small business owners and individuals become more aware of certain issues and topics, but we cannot give blanket advice to a broad audience. Freedomtax Accounting and Multiservices Inc., Freedom Insurance Financial Inc., Freedom Realty Source Inc., and Freedom Immigration International Inc. or its members cannot be held liable for any use or misuse of this content.

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Section 245i

Transcription

Usually if you come into the United States illegally, you can’t get a green card, but there is an exception and that’s what we are going to talk about in this video.

Hello from Freedom Group, we are a group of four companies where we have been providing quality services of tax accounting, immigration, real estate, insurance and financial planning.

In this video we are going to talk about a very little-known immigration process where if you came into the US illegally, you can still get your green card. So, to talk about this we’re going to bring our immigration attorney Robert.

Carlos H: Hey Robert, how are you doing?

Robert M: Good Carlos, how are you?

Carlos H: Good. Robert is our immigration attorney here at Freedom Immigration. So, Robert, usually when people come into the US illegally it’s almost impossible for them to get a green card, but there is a way. What’s the way that they can get a green card even though they came in illegally. 

Robert M: Well, because people come in illegally to obtain the green card you require a legal entry. Now, there is a disposition in the immigration nationality act know as section 245(i), which allows you if you have a previously approved either labor certification or visa, to obtain your green card here in the United States regardless of whether you entered illegally, or whether you worked without authorization, or whether you failed to maintain continuous status.

Carlos H: Okay. So, there is a way, right?

Robert M: Yes.

Carlos H: And what are the benefits of this section 245(i)? 

Robert M: It allows immigrants that would otherwise not be able to adjust status to that of a green card holder in the US, because most people if they came here illegally, they are going to have to leave the country, they are going to have to require a waiver to be able to get an interview at the embassy. This way it would not be necessary and you’d be able to adjust status here in the US. 

Carlos H: Good. So, people who want to do this 245(i) section, what are the requirements of this section 245(i)?

Robert M: The main one is that you have to have an approved immigrant petition, an i-140 or an i-130, or in some cases a labor certification dated before April 30th 2001. If you were previously petitioned and the I-130 was approved but you were never able to get a visa or adjust, that won’t matter and you’d be able to get the 245(i) paying a fee of about $1000 to immigration on top of the regular green card fees, then you’d be able to adjust via another petition where you have to have a visa immediately available to you, say being petitioned by a child of by a spouse.

Carlos H: All right, and how is the application process? How do people apply for this section 245(i) in immigration?

Robert M: Like I mentioned, you have to have been the beneficiary of the immigrant visa, you have to been physically present in the US since December 21st of 2000, and then all you really have to is you file the I-485 which is the traditional green card application, the adjustment status; and supplement A, which is specific for the 245(i) process.

Carlos H: And what documents are required to apply?

Robert M: Well, the basic; I-485 documents, copy of your passport, medical examination, you have to provide an affidavit of support, birth certificate, your passport size photos. Additionally to that, obviously the $1000 extra fee, your proof that you’ve been in the US since December 21st of 2000, and a copy of the approved immigrant petition or labor certification.

Carlos H: Now, people who apply for this section 245(i) of the immigration nationality act, do they get a work permit or not?

Robert M: Yes, because they are applying for adjustment of status; when you apply for adjustment status under form I-485, you qualify for a work permit. 

Carlos H: Good. In your experience Robert as an immigration attorney, is this a good option, the section 245(i) is it a good option for immigrants?

Robert M: Again, if a person has the approved petition from before 2001, it’s a great option because then you’d be able to adjust here in the US.

Carlos H: Perfect. So, now you know that there is a way that even if you came illegally into the United States, there is this rule in this section of the immigration law that allows you to get a green card even if you came in illegally.

So, Robert, if people want to start any type of immigration process, what do they have to do?

Robert M: Call Freedom Immigration at +407-910-4770.

Carlos H: Perfect. Remember that the advantage of working with Freedom Group is that you don’t only get immigration consultations, you can get tax accounting, insurance, financial planning, and real estate consultation all in one place. 

Thank you for watching this video. If you have received value out of this video, please Like it and share it with another person that can take advantage of this information.

Thank you for watching, God bless you.