QUESTION
Does my husband qualify for section 245(I)?
Asked on May 05th, 2011 on Immigration - Tennessee
More details to this question:
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
3 ANSWERS
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
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.
Answered on May 06th, 2011 at 10:36 AM
Immigration Attorney serving Torrance, CA
at
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!)
Answered on May 06th, 2011 at 10:32 AM
William C. Gosnell
No, file an I-130.
Answered on May 06th, 2011 at 10:14 AM