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Myths: Section 245i By, Edward Juarez Immigrant's Voice (TV program)  Column: Frebruary 16, 2009 Give your opinion on our Immigration Forum Edward's Blog
	Edward Juarez
	Founder and President

Thousands of immigrants are capable and eager to apply for their residency.  However, they consult attorneys, who exaggerate their vast experience in immigration; and are recommended “not” to start their application because they would placed in the deportation process due to the fact that section 245 I is closed.  This advice comes from attorneys who are recently starting their practice in immigration and fear that the immigrant be placed in the deportation process according to the stipulations in the Immigration Acts of 1996!  The immigrants who follow that legal recommendation, commit a great error.

In order to make a good decision, it is necessary to first understand the difference between Sections 245 and 245 I of the Immigrations Act.

Section 245 allows immigrants who have entered with a visa and have maintained a current visa,  to request and eventually obtain permanent residency without having left the United States. For example, an immigrant who has entered with a tourist visa granting him a period of 6 months to be in the country and if within that time the application was initiated, he is protected under section 245.  Without a doubt, to benefit from this, the immigrant should have an immediate relationship with an American citizen or resident, or have an approved work permit with a current priority date.  The only exception exists  for the spouse, children, and stepchildren under the age of 16 of a citizen, should they have exceeded the time of the date permitted by the Immigration Service.
Nevertheless, Section 245 I, allows immigrants who have entered legally and who have exceeded the permitted time allowed by immigration or those who have entered illegally to the United States; to obtain their residency without leaving the country, but legality and a work permit are not granted.  This means that if at any moment an immigrant, who had initiated their application before April 30th 2001 is arrested by immigration as a result of a raid, they will be placed in the deportation process and would eventually have to leave the country.
Notice that the deportation is not caused by having initiated their application, but for the mere fact that the arrest was made by the Immigration Services.  It is not part of the immigration procedure to start a deportation process for the mere fact that a residency application was initiated.  This government procedure, was confirmed by Regional Director of Immigration and Citizenship Andrea Quantarillo during her visit to the International Immigrants Foundation.

In my next free immigrations conference, you will learn the most important aspects to being in complete control of your immigrations case.

Remember that there is always a lot more to analyze before formulating a legal strategy.