Our immigration laws are exclusionary by nature. That means they are designed to protect the jobs of American workers.  However, permanent resident visas are available for qualified professionals, skilled workers, investors and family members of permanent residents.  Temporary permits are available for students and temporary workers.

If you entered the United States unlawfully, or if you entered with permission but did not stay in lawful status, you normally would have to leave the United States in order to apply for an immigrant visa.  However, special rules have been passed which may allow you to apply to adjust status without leaving the United States.

Special rules regarding adjustment of status have been passed as part of the Immigration and Nationality Act, as changed by the Legal Immigration and Family Equity Act (LIFE) and LIFE Act Amendments also called Section 245(i).  As a result,   Generally speaking, you must still qualify for a visa under existing immigration laws. Moreover, you will be required to pay regular filing fees in addition to a $1,000 penalty

If you are eligible to adjust your status under the LIFE ACT, your documents must be submitted so that they are RECEIVED ON OR BEFORE APRIL 30, 2001.

There are several ways to apply for legal status in the United States under 245(i). Several of those methods are set forth below..

• A United States citizen may sponsor his/her close relatives including parents, a spouse, children (regardless of age or marital status), and brothers and sisters.
• Lawful permanent residents may sponsor their spouses and their unmarried children.  No person, whether an American citizen or a permanent resident one can sponsor uncles, cousins, nieces and nephews, brothers- and sisters-in-law, or grandparents.

EMPLOYMENT BASED PETITION (Department of Labor Form ETA-750 and/or INS Form I-140)

You may seek a lawful visa without leaving the country under 245(i) if your employer agrees to sponsor you. The forms for this application may vary. If the you file your forms after January 14, 1998, then you must demonstrate that you were in the United States on December 21, 2000 when the bill was signed into law.

OTHER PETITIONS UNDER 245(i).  ALIEN INVESTORS AND SPECIAL GROUPS

You may complete Form I-360 for filing if you are a member of a special group such as an Amerasian, the widower of a United States citizen, a battered spouse, or you may file a Form I-526 if you are an alien investor.

You may also be eligible to adjust your status under a different part of Section 245, without paying the penalty and without regard to the filing deadlines, if you are someone who entered with permission but who has been out of status for 180 days or less, or if your sponsor is your spouse, parent, or child and a United States citizen.

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