The Legal Immigration Family Equity (LIFE) Act can help you get a green card regardless of unlawful time living or working in the U.S. Before you apply for the LIFE Act, you must be the recipient of a petition for an alien relative or alien worker (I-130 or I-140).
A labor certification also qualifies for the LIFE Act. Your qualifying petition or labor certification needs to have been filed before April 30, 2001 in order for you to be granted a change of status and get your permanent residence card. Section 245 protection (the LIFE act green card) may also need you to have a visa available to you, so look into requesting your visa before changing your status to permanent resident.
If you have the proper documentation and there is a visa ready for you, you may be ready to start the green card application process. Section 245 Protection under the LIFE Act has similar requirements to applying for any permanent residence card, but there are some differences.
You should file the form for change of status to permanent resident as normal. You will need to submit a copy of your birth certificate, photo, vaccination records, and a form with your personal information with the forms you file for permanent residence. You may also need to provide other documentation but each person’s application is unique so you should check what you alone need to submit. There is a fee for filing for change of status and the amount changes often, so look up the current filing fee amount when you submit your application.
Section 245 protection under the LIFE Act is likely to require you to file an amendment to your residency petition called supplement A. The supplement to your application requires a copy of your immigrant petition (I-130 or I-140 above) or your labor certification. There is also an additional $1000 fee for filing supplement A that is do at the same time as your fee for your permanent residence form. Some applicants are eligible for a fee waiver, so look into more information about fee waivers if you think you are eligible. You should complete and file supplement A at the same time you file for permanent residence.
You should remember that section 245 does not protect you from removal proceedings if your application is still pending. Unlawful presence in the U.S. may have legal consequences that interfere or nullify your application under the LIFE Act. If you are currently residing in the U.S. and have been so for more than 180 days, you should take notice not to leave the country before your residency application goes through, because you will be barred from re-entry if you attempt to come back to the U.S. after unlawful or undocumented stay. If you are currently undergoing removal proceedings, you should find help with deportation defense.
For more information and help with getting a green card or other immigration services, contact immigration attorney Phillip Kim.
"Thank you so much for helping us get a Green Card and stay together in the US, Phillip! From clients Paul Dort & Lucero Wiley, California"
"Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.
“We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA and Family; Fresno, CA.
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“I finally received my green card. Mr. Kim helped me through the entire process. He also worked with my financial situation. I am glad that I chose him and that’s why I highly recommend him. Please feel free to call me to ask about Mr. Kim’s practice at (559) 412-0941.” by Lilian & Eric Williams; Fresno, CA"
“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, CA"