The INS has issued a memorandum providing guidance on the new Section 245(k) of the Immigration and Nationality Act. The new rule allows a person to file for adjustment of status if the applicant
– was lawfully admitted to the US and
– is eligible to receive an employment-based immigration visa under the EB-1, EB-2, EB-3 or EB-4 categories and
– have not for a period of more than 180 days been out of legal status, engaged in unauthorized employment, or otherwise violated the terms of the visa
As of November 26, 1997, persons eligible to apply for adjustment of status as a result of 245(k) no longer need to file Form I-485 Supplement A and do not have to pay a penalty fee. If a fee was inadvertently paid, the INS office is instructed to return the Form I-485 Supplement A and the penalty fee to the applicant.
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