kalo ada yang mo coba apply, bilang2 donk.
saya ada beberapa hal yang mo ditanyain, misalnya:
1. waktu "file visa petition", sama dengan file visa buat H1 nggak ?
2. berapa lama sih prosesnya sampai dapet greencard kalo memang qualified ?
3. berapa biaya2 yang mungkin dikeluarkan ?
thanks.
faran
--- Ahmad Syamil <[EMAIL PROTECTED]>
> wrote:
> http://www.shusterman.com/245i-faq.html
>
>SECTION 245(i) FAQ
>Law Offices of Carl Shusterman
>
>
>Return To Homepage
> *** Related Pages ***
>Section 245(i) Audio
>AILA's Section 245(i) FAQ (En Espanol)
>Immigration Amendments Passed 12-15-00
>LIFE Immigration Amendments: AILA's Draft Summary
>Complete Text Of New Immigration Amendments
>
>
>
>
>
>Q1. I've heard that a new law was recently passed by Congress which would
>reauthorize section 245(i). What is section 245(i)? (§ = Section)
>
>A. §245 of the immigration law allows persons to become permanent residents
>without leaving the U.S. through a process called "adjustment of status".
>Generally, persons who entered the U.S. without being inspected by an INS
>officer, who have ever been unlawfully employed in the U.S. or who failed to
>always maintain lawful status in the U.S. are barred from adjusting their
>status in the U.S. (There are certain exceptions to the last two bars for
>"immediate relatives" of U.S. citizens and for certain EB applicants.)
>
>§245(i) was first added to the law in 1994 to allow persons who qualify for
>green cards, but not for adjustment of status, to be able to adjust their
>status in the U.S. upon payment of a fine (currently $1,000). Congress
>phased §245(i) out of the law on January 14, 1998. However, persons who had
>already qualified under the law as of that date were "grandfathered" into
>the benefits of §245(i) for the rest of their lives. The problem was that
>hundreds of thousands of otherwise qualified persons who missed the January
>14, 1998 deadline cannot adjust status in the U.S., and cannot return to
>their countries to obtain green cards without being subject to either a
>three or a ten-year bar from returning to the U.S. These persons (You may be
>one of them!) have been in a state of legal limbo since 1998.
>
>Congress gave a holiday present to hundreds of thousands of potential
>immigrants on December 15, 2000 when they extended the grandfathering date
>of §245(i) to April 30, 2001. Not only does this extend the benefits of
>§245(i) to persons who had labor certifications or visa petitions (I-130,
>I-140 or I-360) filed on their behalf between 1998 and 2000, but it gives
>persons over four months AFTER the passage of the law to qualify for the
>benefits of §245(i).
>
>Q2. What must I do to qualify for §245(i)?
>
>A. A person with a labor certification or a visa petition filed on their
>behalf on or before January 14, 1998 is qualified for the benefits of
>§245(i). Under the new law, a person who has a labor certification or visa
>petition filed on their behalf after January 14, 1998, but on or before
>April 30, 2001, is also qualified for the benefits of §245(i) but only if
>they were physically present in the U.S. on the date of enactment of the new
>law (December 21, 2000).
>
>Q3. Does this mean that I must have been lawfully in the U.S. on December
>21, 2000?
>
>A. No, merely that you were present, legally or illegally, in the U.S. on
>that date.
>
>Q4. What exactly do I have to do to qualify for the benefits of §245(i)
>
>A. You must have either an employer or a relative submit a labor
>certification or a visa petition on your behalf by April 30, 2001. It is not
>necessary that the Labor Department or the INS approve your application or
>petition by this date, only that it be filed.
>
>For example, there is a tremendous labor shortage in the U.S. in a wide
>variety of occupations. Whether you work as a nanny or a rocket scientist, a
>nurse or a professor, a mechanic or an engineer, if your employer (or
>prospective employer) is unable to find a U.S. worker to fill your job, you
>may be eligible for labor certification.
>
>Also, if your brother, sister, father, mother, adult son or daughter, or
>your spouse is a citizen, or perhaps even a permanent resident, they should
>immediately submit a petition on your behalf, no matter what the waiting
>time is in that particular category. The purpose of filing such a petition
>is to qualify you for the benefits of §245(i).
>
>U.S. citizens may petition for their spouses, married or unmarried sons and
>daughters of any age, parents, and brothers and sisters. Permanent residents
>may petition for their spouses and their unmarried sons and daughters of any
>age (This includes sons and daughters who are divorced or widowed).
>
>Q5. Do I have to adjust status in the same category that I was petitioned
>for?
>
>A. No. Let's assume that your brother (or your spouse's brother) has
>recently naturalized. The published waiting time for a sibling petition
>varies from 12 to over 20 years on paper, and the actual waiting time is
>even longer. Still, you should have him petition for you and your spouse and
>children immediately. The filing of a simple petition will make your whole
>family eligible for the benefits of §245(i). You are not obligated to wait
>12 to 20 years to obtain a green card. If you qualify for a green card
>through employment, through another relative, or even through the green card
>lottery, because you are qualified under §245(i), you will be able adjust
>for status for permanent residence much more quickly. However, if you adjust
>your status based on a visa petition which was not the original basis for
>your being eligible to adjust status under §245(i), you must use your new
>priority date.
>
>Q6. If my wife's relative files a petition for her on or before April 30,
>2001, can we both qualify for permanent residence based upon a labor
>certification and visa petition filed after that date? How about my
>children? Once they turn 21 years of age, they won't be entitled to any
>benefits based on this petition, will they?
>
>A. You and your children are considered to be "derivative beneficiaries" of
>the petition filed by your wife's relative on her behalf. This entitles not
>only your wife, but you and your children to the benefits of §245(i). If
>later on, you qualify for a green card based upon your job, a future job, a
>petition filed by one of your relatives after April 30, 2001, or if you win
>the green card lottery no matter how far in the future, you and your family
>can still adjust status under §245(i).
>
>Even your children who "age-out" by turning 21, or by marrying, will still
>be entitled to the benefits of §245(i) if they were "derivative
>beneficiaries" of a visa petition filed by your wife's relative on or before
>April 30, 2001.
>
>Conversely, if you and your wife divorce, not only will you and your
>children be eligible for the benefits of §245(i), but so will each of your
>new spouses and children, as long as the new relationships are in place
>prior to the time you or your ex-wife adjust status.
>
>An INS Memorandum, dated June 10, 1999, provides excellent guidance in such
>situations.
>
>Q7. What happens if my labor certification is not approved? Or if the
>employer goes bankrupt or withdraws my labor certification or visa petition?
>What happens if my relative dies? Am I still eligible under §245(i)?
>
>A. Yes, the INS utilizes an "alien based" interpretation of §245(i). If a
>labor certification or visa petition was "approvable when filed", you are
>entitled to the benefits of §245(i) even if the application/petition was
>never approved, was withdrawn, or the petitioner ceases to exist.
>
>Filings that are deficient because they were submitted without fee, or
>because they were fraudulent or without any basis in law or fact, are not
>considered to be "approvable when filed" and confer no benefits under
>§245(i) .
>
>Q8. If I qualify for the benefits of §245(i), leave the U.S. and return at a
>later time, will I still be entitled to adjust status in the U.S. in the
>future?
>
>A. Yes. However, if you have been "unlawfully present" (a legal term of
>art - be sure to consult with an experienced immigration attorney) in the
>U.S. for 180 days or more, you may be subject to either a three or a
>ten-year bar to returning to the U.S. If this applies to you, DO NOT TRAVEL
>OUTSIDE THE U.S. UNTIL YOU BECOME A PERMANENT RESIDENT.
>
>Q9. If I qualify for benefits under §245(i), when will my eligibility for
>being able to adjust status in the U.S. expire?
>
>A. Never. Once you qualify for benefits under §245(i), your eligibility
>never expires. Of course, you must still qualify (through a relative, a job
>or the green card lottery) when you apply for adjustment of status. And you
>must be admissible to the U.S. If you are a criminal, have committed
>immigration fraud, etc., you may be inadmissible.
>
>Q10. I want to qualify for the benefits of §245(i). What should I do?
>
>A. You need to move quickly to meet the April 30, 2001 deadline, and you
>can't afford to make any mistakes. If the INS or the Labor Department
>returns your application because it was incomplete or because you made a
>mistake in completing the forms, you may lose your last best chance to
>qualify for benefits under §245(i) and to legalize your status in the U.S.
>
>Our office is ready to file several hundred labor certifications and visa
>petitions between now and April 30, 2001 to help you qualify for the
>benefits under §245(i). We have enlisted the services of former INS officer
>Sonya Canton to screen your case to determine whether you qualify for
>benefits under the new law.
>
>Consultations will be offered at a discounted price during the holidays and
>at the beginning of the new year. See http://shusterman.com/intake.html and
>schedule your telephonic or in-person consultation as quickly as possible.
>We will be submitting applications/petitions in all 50 states to qualify you
>for lifetime benefits under §245(i).
_____________________________________________________________
Happy Holidays --- Washington DC's 1st FREE Email service. ---> http://www.DCemail.com
