Asylum, volantury departure, deportation

[Y.Gustov]

Адвокаты хотат заниматса толко заполнением таких даных, как има, фамилиа, дата роздениа. И на етом их трудная работа заканчиваетса. И чему их толко учат в школах?
Грош цена таким адвокатам!

[Lev Kobrin]

Ну всех, допустим, под одну гребенку не следует чесать. Я знаю совершенно разных адвокатов. Самое, конечно, страшное, когда попадешь к такому, как Вы описали, или вообще к несведующему.

[Y.Gustov]

Ок, скажите, тогда что можно ожидат от нового закона, которы все так ждут. Я знаю, что его ешe нет, но как думаете насколко 2ч5 Life Act может повлият на жизн многих нелегалов.

[Lev Kobrin]

Я не предсказатель и считаю, что нужно даждаться выхода закона или поправки, а потом судить, что и как. Насчет LIFE, Вы, конечно же, имели в виду 245(i), которая действовала до 30 апреля 2001 года. Я думаю, что Вы знаете все положения этой поправки, но хочу напомнить, может кому-то пригодится. Но то, что было и то, что будет, может значительным образом отличаться. И так, вернемся в 2001 г.
To make §245(I) as simple as possible, here are some of the questions that I have been asked over and over again:
* Who qualifies for the new §245(I)?
Persons who were present in the U.S. on December 21, 2000, and whose relatives or employers apply for permanent residence for them by April 30, 2001.
* Who does the law benefit, people who are legal or illegal?
The law primarily benefits people who are illegal, and who are unable to adjust status because: (1) they entered the U.S. illegally; (2) they overstayed their authorized period of stay; or (3) they violated their legal status.
However, since the economy appears to be entering an uncertain period in which many people with temporary employment visas (e.g., H-1B, L-1, E-1, E-2, R-1, O-1, P-1, etc.) may lose their jobs, persons in legal status may wish to take out an "insurance policy" by establishing eligibility under §245(I) by April 30. That way, if they become illegal in the future, they will still be able to adjust their status in the U.S.
* What relatives are qualified to petition for me?
Your permanent resident spouse may apply for you. So may your permanent resident parents, but only if you are single, divorced or widowed. Your U.S. citizen spouse, parents, adult sons and daughters or adult brothers and sisters may also apply for you.
* What employers may apply for me?
Present or prospective employers may apply for a "labor certification" on your behalf if they can not find a "U.S. worker" for the job which they are offering you. You must have the education and/or experience required for the job. In general, the experience that you gained working for your present employer does not count unless another employer is submitting a labor certification on your behalf.
* Does the submission of a visa petition or labor certification by April 30, 2001 protect me from deportation, allow me to get a work card, or make me legal in the U.S.?
No. §245(I) is not an amnesty. It may not help you NOW, but it may help you legalize your immigration status in the FUTURE.
* How far in the future will §245(I) help me?
The U.S. immigration system is essentially a quota system. Over 3.7 million people are currently "waiting in line" to become permanent residents. How long you must wait to apply for a green card (and a work card) depends on which category you are in.
* When do I pay the $1,000 fine to INS?
When you submit your application for adjustment of status.
* If I become eligible for §245(I), what about my spouse and children?
They will also qualify. And they will continue to qualify even if you and your spouse divorce, or if your children become adults and get married.
* Can I switch from one category to a faster one after April 30, 2001?
Yes. If the only way you have to qualify for eligibility under §245(I) is a U.S. citizen brother, he should immediately submit a visa petition on your behalf. The waiting time for a sibling petition is over 10 years. However, if your employer sponsors you or your spouse after April 30th, you can substantially reduce your waiting time. The same result applies if you win the visa lottery.
* Will §245(I) help me to adjust my status to permanent residence if I have committed a serious crime, immigration fraud or am subject to the two-year home residency requirement?
These are all grounds of inadmissibility. You may be able to obtain waivers of inadmissibility or you may not. However, §245(I) will NOT provide you with a waiver of inadmissibility.
* When does my eligibility for §245(I) expire?
Never
So now that you understand §245(I) a little better (or are you totally confused?), you must act before April 30, 2001 to obtain eligibility.

[Y.Gustov]

Lev, thanks so much. Kak tolko vyidet novoe zakonodatelstvo, daite znat, will you?

[Lev Kobrin]

Of course, positively.

[Y.Gustov]

Lev, what exactly "clock stopped" means. Est echo odna situacia. One guy goes for his first asylum interview several years ago, gets denial, goes to master calendar, judge says, you are still in legal status, you need to recieve "intent to deny" from your immigration officer. There was never "an intent to deny", nor another hearing before judge. Case in limbo for many years. I assume "clock stopped". But what exactly going on here?

Thanks. Poka

[Lev Kobrin]

The "Letter to Intention to Deny" has nothing with the "stopped clock" notion. When an applicant goes to an interview while in legal status (i.e. her I-94 is still valid), and an immigration officer does not grant asulym, the officer cannot reffer the applicant to the immigration judge. Instead, he must send to the applicant the "Letter to Intention to Deny" with all explanations. On his turn, the applicant has 16 days (including mail) to send back a "Rebuttal", and only after that the officer makes the final decision.
Call me, and I will explain to you all this in more details, now it is time to go sleeping.