Foreign nationals not in lawful immigration status at the time of filing the I-485 or who have lost their lawful status since entering the United States are generally not eligible to file the I-485 to obtain approval. Section 245(k), however, provides an exception to these general rules that may be helpful for individuals who have violated their statuses for a short period.
INA 245 K: the exception for certain categories of adjustment applicants with unauthorized employment is available to individuals who are lawfully admitted to the United States and have engaged in unauthorized employment during the last 180 days of their unlawful presence in the U.S.
An applicant can only have one year of unauthorized employment following their last lawful admission; this includes time spent on parole.
If the applicant spends more than 180 days in unauthorized employment, they cannot receive adjustment based on that employment. Let’s take a look at INA 245(K):
What Is INA 245 K?
INA 245(K) allows you to adjust status even if you’ve failed to keep your valid non-immigrant status. The INA 245 k section covers specific employment-based green card categories. These categories include EB-1, EB-2, EB-3, and EB-4 cases.
This section is available to those who are the primary beneficiary of a green card application. However, it does not apply to family-based cases. In such cases, the alien’s spouse and minor children are excluded from receiving the benefit.
The INA 245 k provision helps aspiring green card holders adjust their status. This provision was designed to make adjustment of status possible for some immigrants who may otherwise have been barred.
In certain circumstances, it can be used to apply for a green card even if you have violated the terms of your non-immigrant visa or engaged in unauthorized employment. For this reason, you should seek legal advice before applying for this section.
Is INA 245(K) a helpful provision?
The INA 245 k provision is a very helpful provision. Unfortunately, many applicants experience brief periods of inadvertent violations of the immigration law. These violations are usually due to misunderstandings or mistakes made along the way.
Fortunately, the INA 245 k provision exists to protect you from these mistakes. This provision may be the perfect solution for your immigration problems. This provision may save your life!
If you have a lawful non-immigrant status, you can still apply for a Form I-485 based on employment. However, you must have been in a lawful non-immigrant status prior to filing your Form I-485.
Moreover, United States citizenship and immigration services released a memorandum in July 2008 which interpreted the previous versions and addressed how violations are counted. You can also take a look at those on their website.
INA 245k Adjustment of Status Helpful Guide
Are you wondering if you should try INA 245k adjustment of status? This is a process by which certain immigrants can adjust their status in the U.S. and obtain a green card. This form is not open to everyone and there are some important points that you should know before you apply. Read on to learn more. Also, keep in mind that if you have committed a crime in the past, this form will not be approved.
To be eligible to file a 245k application, you must have lawful status in the United States. This requires that you meet certain requirements and provide proof that you have been in the country for 180 days.
Depending on your situation, you might be eligible for a waiver if you were working legally in the U.S. without authorization. In some cases, it may even be better to apply for a green card through a consulate abroad instead.
INA Section 245k pertains to the final stage of most employment-based green card cases. This is the adjustment of status to permanent residency, documented on Form I-485. At this stage, the immigration history of the applicant is important.
You need to hire an experienced immigration attorney to review your past. They can help you decide whether INA 245k is the best option for you. The right attorney can guide you through the application process and help you meet your goals.
For immediate relatives of U.S. citizens, the waiting period is usually short. The wait will depend on the type of green card and the country of origin. If you’re a U.S. citizen, you don’t need to wait a year or more to get an I-485, but if you’re a preference alien, it will take years to get approved. The process will also depend on whether you’re a spouse or parent of U.S. citizens or another eligible alien.
Impact of INA 245 K on Your Immigration Case
INA 245(k) refers to the most recent lawful admission of the immigrant. If a person has violated status after being admitted to the U.S., they would be barred from applying for adjustment or returning to the country. However, they would still be able to apply for adjustment under a valid visa. However, this provision is only applicable to the most recent lawful admission.
INA 245(k) is a provision that grants approval for adjustment of status. It does not permit applicants to work without authorization or to circumvent immigration laws. Other immigration penalties remain in place, including those for violating status.
In most cases, the INA 245(k) provision only affects an applicant’s ability to work. So, before filing a green card application, carefully review your immigration history.
How to Qualify For an INA 245(k) Exemption For Green Card Applicants?
There are several different ways to qualify for an INA 245(k) exemption for green card applicants. Some of these categories are employment-based, such as those that qualify for an EB-2 or EB-3 green card. Some categories, such as EB-4, are family-based.
In these cases, the primary beneficiary must be the immigrant who applies for the green card. Besides the primary beneficiary, the immigrant can also include their spouse and minor children.
As mentioned before, there are other requirements for obtaining a visa using an INA 245(k) exemption. Generally, these requirements are not met in any case. You must have been living in the United States for at least 180 days prior to filing Form I-485. To avoid any inadmissibility issues, you must have legal status, be a U.S. citizen, and not be a resident of a foreign country.
For a person who has been in the United States for a year, the INA 245(k) exclusion can be used as a means to adjust their status to lawful permanent resident. However, it is important to remember that the INA 245(k) exemption does not change any other immigration penalties, such as a bar against illegal entry and other penalties.
In fact, the INA 245(c)(2) bars are still in effect, and you would still be subject to removal if you violated the conditions of your non-immigrant visa.
Can I Get 245 K If I Violed My Student Status in the United States?
While it’s possible to use INA 245 k to adjust your status if you’ve violated your student status in the United States, it’s not likely to work out. In addition, the 245 k program only considers the most recent lawful admission. If you violated your student status, you will not be eligible for an adjustment of status if you’re already in the U.S. on a valid visa.
Which Employment Categories Qualify For INA 245 K?
INA 245 K applies to those who violate their status by working illegally. However, if you violated your status in the past, you cannot apply for an INA 245K adjustment of status. If you are a priority worker, a skilled worker, or an alien of extraordinary ability, you may qualify for an INA 245K. This status also applies to the spouse and children of an eligible alien.
INA 245K is applicable to employment-based green card cases. EB-1, EB-2, EB-3, and EB-4 religious cases qualify for the benefit. This option applies to the primary beneficiary of the petition. However, it is not available in family-based cases but, INA 245K does apply to spouses and minor children of an EB beneficiary. You should consult with an immigration attorney if you’re unsure if you qualify.
EB-2, EB-3, and EB-4 categories are available to aliens with exceptional ability. EB-2 visas are available to aliens with advanced degrees and EB-3 aliens are those who hold an advanced degree and are in the U.S. for religious reasons.
Why choose Herman Legal Group?
Those who wish to adjust their status from temporary to the permanent residence can apply through INA 245(k). The law permits adjustment under certain circumstances, including 180 days of unlawful work, failure to maintain status, and visa violations.
It is important to note that the law does not cure other immigration violations; potential removal and deportation still apply. Therefore, it is essential to contact a legal immigration attorney who specializes in this type of case.
For adjusting status, contact the Herman Legal Group. We are an award-winning immigration law firm, founded in 1995, and experienced in all areas of immigration: family, employment, investor, deportation defense, and citizenship.
The application for adjustment of status under INA 245(k) is based on an examination of your entire employment history in the U.S. Contact Herman Legal Group for an appointment to discuss your specific situation. You will receive comprehensive legal assistance from an experienced immigration attorney.
Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office.
Conclusion
245(K) allows employment-based applicants to get approved adjustment status and forgives status violations. While there are certain exceptions, only violations of 180 days will be eligible for 245k. So, if you have failed to maintain lawful status since their entry into US, you can apply under INA 245 k.
While it is important to keep in mind that these rules are very complex, you can obtain the legal advice of an immigration lawyer to help you navigate the process.
