Minnesota Adjustment of Status 245k Attorney

EB Adjustment of Status Through Section 245(k)

The attorneys at the law firm of Tarshish Cody PLC work with Adjustment of Status visa applicants to assist in applying for a Green Card without leaving the U.S.

Petitioners for a Green Card are required to maintain a lawful status in the U.S. and work only if approved. Even a single day outside of that lawful immigrant status, or unauthorized work may disqualify an applicant for a Green Card. Disqualification could result in forced exit from the U.S. and having to apply for a Green Card at a foreign Consulate, which takes longer. Accidental or unknowing violation of status can still result in disqualification. Additionally, unlawful presence in the U.S. often results in a 3 or 10 year ban from returning back to the U.S.

Section 245(k) allows for exceptions. Certain petitioners can adjust their status after violating the rules. For example, status violations for less than six months, can be excused under Section 245(k). Those petitioners in categories EB-1, EB-2, and EB-3 qualify for this exception under Section 245(k).

Section 245(k) grants petitioners eligibility to use Form I-140 to apply for an immigration visa once the alien has established lawful status for 180 days, but then has engaged in unlawful employment or in other ways failed to abide by the terms and conditions of admission into the U.S. A memo published by the USCIS defines the applicable 180 day period as beginning after the alien’s last lawful admission into the U.S. and excludes violations post-lawful admission. Violations only less than 180 days after admission are considered in determining eligibility under 245(k). As an example, if an alien in H1B status arrived on January 1, 2012, then any breach of employment or lawful status rules are forgiven. A subsequent entry after January 1, restarts the clock to determine violation of status.

As can be seen, advice from legal counsel at Tarshish Cody PLC can be extremely helpful in navigating the rules and regulations involving visa applications. Call the law firm now at 952-361-5556 .

It is important to note the filing of Form I-485 does not stop the clock on unauthorized employments. For instance, if an alien working in an unauthorized status for 170 days, applies for adjustment of status as of the 171 days, and continues to work, the clock still runs to the 180 day standard for 245(k), even after the adjustment application. The petitioner must stop working, the EAD, employment authorization document must be approved, or Adjustment of Status in support of permanent residency in order for the clock to stop counting days of violation. In the example after 10 additional days of work, the applicant becomes ineligible for forgiveness under 245(k).

Petitioners under Section 245(k) must arrive into the U.S. with a nonimmigrant status. Arrival on Advanced Parole is not deemed “lawful admission.” Should the alien be guilty of multiple violations after entry into the U.S., then the days are totaled to determine if that total is more than 180 days. Holidays and weekends are counted as full days, but part time versus full time is taken into account.

The law firm of Tarshish Cody PLC will help apply the benefits from Section 245(k) to personal circumstances. Call and talk to one of our lawyers now at 952-361-5556 or fill out the free case evaluation form below) before filing an I-485 visa application.

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