Summary
Section 245(i) of the Immigration and Nationality Act allows certain individuals to adjust their status if they had a qualifying petition filed on or before April 30, 2001, even if initially denied. For cancellation of removal, you must meet criteria like continuous physical presence, good moral character, and exceptional hardship to a U.S. Citizen or LPR family member. Provisional waivers require an approved immigrant visa petition, but options exist if denied, such as appealing, filing a new petition, or exploring other relief like cancellation of removal or adjustment under Section 245(i).Full Conversation
YES
Under Section *(i) of the Immigration and Nationality Act, you may be eligible to adjust your status if you had a qualifying petition filed on or before April *, *.
Do you have any questions about the process, or would you like more detailed information on your next steps?
it was on or about February * but it was denied
It sounds like you may still be eligible for adjustment of status under Section *(i) despite the denial, as the petition was filed before April *, *. You might need to file a new petition or take additional steps.
Would you like more detailed information on how to proceed?
does it still qualify
Yes, you may still qualify under Section *(i) even if your initial petition was denied, as long as it was filed on or before April *, *. You may need to file a new petition or take additional steps to adjust your status.
Do you need more information on how to proceed?
how can i qualify for cancelation of removal
To qualify for cancellation of removal in New York, you generally need to meet the following criteria:
- Continuous Physical Presence: Have been physically present in the U.S. for at least 10 years.
- Good Moral Character: Demonstrate good moral character during that period.
- Exceptional Hardship: Prove that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
- No Disqualifying Offenses: Not have certain criminal convictions.
Is there a specific part of this process you'd like more information on?
present for 31 years
Since you've been present for 31 years, you meet the continuous physical presence requirement for cancellation of removal.
For further steps:
- Demonstrate good moral character.
- Show exceptional hardship to a U.S. citizen or LPR family member.
- Ensure no disqualifying offenses.
Do you need help with any specific documentation or evidence?
how can i qualify for provisional waivers
To qualify for a provisional waiver in New York, you generally need to meet the following criteria:
- Be physically present in the U.S.
- Be at least 17 years old.
- Have an approved immigrant visa petition.
- Demonstrate extreme hardship to a U.S. citizen or LPR spouse or parent if you are not allowed to stay.
Is there a specific aspect of the provisional waiver process you need more information on?
what is immigrant visa petition
An immigrant visa petition is a form that a U.S. citizen or lawful permanent resident can file to help a family member or employee immigrate to the U.S. Here are the main types:
- Form I-*: Petition for Alien Relative.
- Form I-*: Immigrant Petition for Alien Worker.
- Form I-*: Petition for Amerasian, Widow(er), or Special Immigrant.
Do you need specifics on any of these forms?
what if he has an I-* but it was denied
If his I-* was denied, there are a few options to consider:
- Appeal or Motion to Reopen: If the denial was recent, he might be able to file an appeal or a motion to reopen/reconsider.
- New Petition: Depending on the reason for denial, it could be possible to file a new I-* petition.
- Other Relief: Look into other forms of relief, such as Cancellation of Removal or Adjustment of Status under Section *(i).
Would you like more detailed info on any of these options?
can i be have a provisional waiver if my I-* was denied
To qualify for a provisional waiver, you generally need an approved immigrant visa petition. Since your I-* was denied, your options include:
- Appeal or Motion to Reopen: If the denial was recent.
- File a New Petition: Depending on the reason for denial.
- Explore Other Relief: Such as Cancellation of Removal or Adjustment of Status under Section *(i).
Would you like more details on any of these options?
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