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245 (i) protection allows certain people, who have an immigrant visa available immediately but who entered without inspection or otherwise violated their status and are therefore not eligible to apply for adjustment of status in the United States.
To be eligible for 245 (i) protection, an individual must meet all of the following requirements:
- Have been physically present in the United States on December 21, 2000.
Have filed an immigrant petition or a labor certification application before April 30, 2001 (Note, if the request was submitted before January 14, 1998, the physical presence requirement is not necessary).
3. The immigrant’s petition or application for labor certification must be valid and submitted in good faith.
4. Pay a fine of $ 1,000, along with all fees related to the < a href = "https://www.uscis.gov/"> USCIS at the time of application.
You will be asked for a criminal background check and must obtain a health record. For immigrant families, each will need an Affidavit of Support to show that they will not become a burden at government expense.
Section 245 (i) does not protect an alien from deportation proceedings and does not give employment authorization to not citizens. In the event that deportation proceedings have been initiated against the immigrant, Section 245i is not a defense, and the individual cannot use this section to adjust their status.
Eligible individuals are still subject to a three-year and ten-year reentry ban.