hi,
i am an international student seeking permanent resident status. i have been going to school and working illegally since 1998. the ins does not know about it though, i am not officially not out-of-status. can the 245(i) help me get resident status if i admit to working, which makes me out-of-status? if not, is there any way?

Dear MS:

To qualify under section 245(i), a qualifying US relative must petition for you, or a US company must file a labor certification application on your behalf, on or before 4/30/01. Just being illegal does not qualify you under section 245(i).

To see if there are any other ways to obtain permanent residence, you should speak with an immigration law attorney. Good luck.

Hello,

I'm a Legal resident with a Green card.
I've been a legal Resident since 1997, I have two more years to apply for a Citizenchip.
I'm married
My wife is a student under F1 Visa.
Can I apply for her under 245(i) due to expire on 4/30/01.?
She wants to visit her ill Father back home in Europe.twice a year.
If I pettion her under 245(i), while waiting for her Green Card can she leave the US and re-enter while waiting for her Green Card?

She also has a 5 years Tourist Visa not expiried yet.(2005)

We have two choices:
1. She can keep going to college as F1 visa, therefore legal.
2. She can stop going to school and apply for 245(i).but can she leave the US and Re-Enter
3. Leave the US and re-enter under Tourist visa and keep traveling back and forth for two years until I get my citizenchip.

How we can solve this proplem?

The bottom line we want to have our first kid but she is F1 Visa and she has to be a ful tiem Mom.

Please help
Yours
Sam

Dear Sam:

A lot depends on what her immigrant intent is. You state that she intends to live in the US with you, and have a child. Therefore, if you file an I-130 for her, she may have difficulties if she uses her tourist visa to leave and enter the US twice a year. We presume these would only be short trips, and she would be living in the US most of the time. She could very well be denied entry by an Immigration officer if she is spending extensive periods of time in the US as a visitor.

If she has a valid F-1 visa, and remains as a full-time student, she should not have these problems. She could travel to visit her family, and since she would be re-entering to continue her studies, she should be all right.

Since there are several options available to her, you may wish to consult with an immigration law attorney who can give you the best advice based upon having all of the information available to him or her. Good luck.

Dear Sam,

Here are my questions:
- what is the latest situation concerning the 245i petition? Will there be another round for those who want to straighten their status?

Dear E:

Several proposals are pending before Congress to extend section 245(i). Chances are very good that an extension will be passed, and we will post the information to our web site as soon as we have more news. Good luck.

I have 245-i and NYC's H.S. senior. Can I apply
for FAFSA, Scholarships and what kind of financial aid for college I can get, if any?
if yes, what should I put instead of SS# in the application?
2) Does 245-i mean that I am a permanent resident?

Thank you very much.

Dear Michael:

We don't know whether you can qualify for the particular scholarships that you mentioned. You will have to speak with the specific organization providing the scholarships to see what their requirements are.

245(i) is simply a provision of law that permits those who are unlawfully in the US to apply for permanent residence in this country (by paying a penalty fee) without the need to return to their country of residence. It does not mean you are a permanent residence until your application for adjustment of status is approved. Good luck.

Hello dear how u doing?
i have a question regarding 245(i). i know there are two ways to file for this. but my question is if any legal international student wants to apply for this is he eligible to apply for this? ofcourse if any employer sponsor him. or 245(i) is strictly only for illegal people?

if they extend 245(i) again does anyone can apply for that? or there r some condition also?
thanks rafique

Dear Rafique:

Section 245(i) is only a section of the Immigration laws that allows someone who is otherwise eligible for permanent residence, (but is not here legally), to pay a $1,000.00 penalty fee and file their application in the United States without having to go back to their home country.

Therefore, in your situation, you must first be eligible to file for permanent residence. Then, you have to file your application for permanent residence, and then if you are not legally in the US, and if section 245(i) is extended, you can pay the penalty fee and receive your residence here. If you are legally here, you do not have to pay the penalty fee. Good luck.

I am a legal resident in California and this year I will graduate from high school. I applied for FAFSA and I am planning to go to a four year college next year. Although I applied for my green card three years ago, I still havent' recieved it. All I have is I-551 stamped in the passport. Although I included my alien number in my FAFSA application, it was put on hold because they told me that the Department of Homeland Security could not confirm that I am an eligible noncitizen, which in fact I am. I don't know what to do. I am not sure whether I am required to submit some additional information and or not. And if I am, then when exactly should I submit to verify my legal residence. Because of this problem I might get deprived of receiving the money for college next year. And without this financial help I cannot afford attending one. If you know any information that might help me, please email me. I would trully appreciate it. Thank You

I am illegal and going to college. My mother who is a green card holder sponser me. Is there a way I can optain a working permit or a faster way to get a green card so I can get a better job. I am completing my bachelor degree.

Hi, I am international Student...how do i apply for a perment residence?

Hi! I am currently an international student and I just want to know if F-1 visa holders are considered legal residents. THANKS!

I am a permanent resident in the U.s. from Belize, someone stole my green card, but I have my alien# in my passport I've been here since 95. I was wondering if I need to renew my passport or does being a permanent resident mean I don't have to? and f my passport is expired I won't be deported if I goto INS will I?