There is a great law in immigration that is called 245-I. Basically, that law allows a person who entered the United States without papers, no visa, and who wants to file for their Green Card through their spouse, parents or a sibling, to stay in the United States. They don’t have to go back to their home country if an immediate relative petition or labor certification was filed on their behalf on or before April 30, 2001.
If it were that the petition follows you to any other application you want to file, it waives you from returning to your home country, but you do have to pay a $1,000 fine on top of the regular fees. If these applications were filed after January 15, 1998, you do have to show that you were in the United States as of December 20, 2000. If not, you’re not eligible for that. Additionally, if a relative petition or labor certification was filed for your parents and you were under the age of 21 when those petitions were filed, you are still eligible under 245-I law.
It is a very complicated area of the law with respect to immigration. Many attorneys are, quite honestly, not experienced under this law. I would urge you, if you know that either a labor certification or an immediate relative position was filed for you or for your parents, please contact an experienced immigration attorney.
John Sesini is an experienced immigration attorney with offices in Milwaukee and Green Bay Wisconsin. Contact the law firm to set up an initial consultation and ask any questions regarding your specific case.