Does my husband qualify for section 245(I)? - Immigration Law Questions and Answers- LawQA.com

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Does my husband qualify for section 245(I)?

I’m a citizen and I want to apply for my husband we got married here and he came in illegally. I want to know if section 245(I) will help him. We have been married for three years and have three kids

Nicastro Piscopo, APLC
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Section 245(i) requires that the alien be a beneficiary of an Labor Certification, I-140 or I-130 petition filed on or before April 30, 2001. If your husband fits into one of those categories he may qualify. He could also qualify if his parents, or you were a beneficiary of one of them as well.

Answer Applies to: California
Replied: 5/5/2011

Answer By Marie Michaud
Marie Michaud Attorney At Law
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Your husband qualifies under 245i if: (1) an employer filed a labor certification for him on or before 4/30/2001 + your husband was present in the US on Dec 20, 2000 OR (2) a relative (mom, dad, brother, sister, adult son or daughter) filed a I-130 petition for him on or before 4/30/2001 + your husband was present in the US on Dec 20, 2000. Your husband might also be protected under 245i if either process listed above was filed before 1/14/1998 (in which case he would not have to prove his presence on Dec 20, 2000. If someone filed such I-130 or labor cert for his mom or dad while your under was the unmarried child under age 21, he might also be protected. Pretty complex, isn't it? (I hope that helps-good luck!)

Answer Applies to: California
Replied: 5/5/2011

Answer By Linda Liang
Law Office of Immigration & International Trade Law
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It depends on when he came and when the petition is filed.

Answer Applies to: Florida
Replied: 5/5/2011

Answer By Aime Katambwe
World Esquire Law Firm
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Section 245i will help him if you (or anyone else) filed a petition or labor certification from his employer for him before April 30, 2001(or receipt date before May 3, 2001). Section 245i works with the date on the petition that is before April 30, 2001. Anything after that does not qualify. Good luck!

Answer Applies to: California
Replied: 5/5/2011

William C. Gosnell, Attorney at Law
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No, file an I-130.

Answer Applies to: Tennessee
Replied: 5/5/2011

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