What is Ina 245(c)(2)?
The INA 245 (c) (2) bar applies to unauthorized employment prior to filing the adjustment application. The departure and subsequent reentry of an applicant who was employed without authorization in the United States prior to filing an adjustment application does not erase the this bar.
What is a non-frivolous Ina 245?
Was “non-frivolous” – meaning the application was earnest and had a purpose. To adjust your status and get a green card with INA 245 (i), you must file all the usual documents for adjustment of status, starting with the Form I-485, Application to Register Permanent Residence or Adjust Status.
What is a 245i adjustment of status?
INA 245 (i) is the section in the Immigration and Nationality Act that allows you to still become a lawful permanent resident of the U.S. through an adjustment of status despite factors such as working without authorization or not maintaining lawful status.
Can a person with Ina 245 stay in the US?
With INA 245 (i) now being in force, you can stay in the U.S. and adjust status to permanent resident even if you were or are out of status. Once you are a permanent resident, the re-entry bars don’t apply anymore, so you can freely leave the U.S. without concern.
Do the INA 245(C) adjustment bars apply to all adjustment applicants?
Some or all of the INA 245 (c) adjustment bars do not apply to certain categories of adjustment applicants. When adjudicating an adjustment application, an officer should carefully consider which bars apply.
Can a nonimmigrant transferee be exempt from the INA 245(c)(2)?
In this example, the nonimmigrant intracompany transferee is subject to the INA 245 (c) (2) bar to adjustment due to the prior failure to continuously maintain nonimmigrant student status in 2011. The nonimmigrant transferee, however, may be exempt from that bar under INA 245 (k). [11]
What are the requirements for the INA 245(K) exemption?
An adjustment applicant must meet the following requirements to be eligible for the INA 245 (k) exemption: The applicant must be eligible to adjust based on certain employment-based immigrant categories;