+1 (561) 350-9777
  • English
    Português Brasileiro
    Español
Purdy Florida Immigration Attorney White Logo Purdy Florida Immigration Lawyer
  • Home
  • Immigration Services
    Thais Purdy
    Immigration AttorneyGet to know me
    Family & Students
    Family Marriage Visa
    Citizenship Naturalization
    DACA
    Student Visa
    Employers
    Employment Visa
    National Interest Waiver
    PERM Labor Certification
    Other
    Transparent Lawyer Pricing
    FAQs
    Testimonials
    Get Started Today!
    Take the 1st StepSchedule a Consultation
  • About
  • News
  • Contact
Online Scheduling
Purdy Florida Immigration Attorney White Logo
  • English
    Português Brasileiro
    Español
  • Home
  • About Me
  • Immigration Services
    Family & Marriage Visa
    Citizenship Naturalization Visa
    National Interest Waiver Visa
    U.S. Employment Visa
    U.S. Student Visa
    PERM Labor Certification
    DACA Visa
  • Client Testimonials
  • Immigration News
  • FAQs
  • Transparent Immigration Lawyer Pricing
  • Contact Me
  • Online Immigration Lawyer Consultation
INA 245(k): Is it Possible to Obtain an Employment Based Green Card after Working without Authorization?

INA 245(k): Is it Possible to Obtain an Employment Based Green Card after Working without Authorization?

Thais Purdy Thais Purdy
Uncategorized
July 5, 2022

INA Section 245(k)

As a general rule, a foreign national is barred from adjustment of status for certain immigration-related violations. Foreign nationals who are not in lawful immigration status on the date of filing Form I-485 (green card application), or who have failed to maintain lawful immigration status since entry into the United States, generally are not eligible to file Form I-485 and obtain their green card. Moreover, those who engage in unauthorized employment are also ineligible to file or obtain their green card. However, INA Section 245(k) provides a helpful exception to these general rules for those who may have violated their respective statuses for a limited period.

245(k) Forgives Brief Status Violations When Filing I-485

245(k) allows for green card approval in most employment-based green card categories, even if the applicant has been out of status, worked without authorization, or otherwise violated the terms and conditions of their admission IF the aggregate period of such violations does not exceed 180 days. 245(k) does not, forgive all immigration violations, such as entry without inspection. Nonetheless, 245(k) can be a helpful escape for applicants who have brief periods of violations.

245(k) is Limited to Employment-Based, Green Card Applicants

245(k) applies only to EB-1, EB-2, and EB-3 cases, and some EB-4 cases. The primary beneficiary and all dependent family members can take advantage of this provision. While it is not available in family-based cases, it is available to the spouse and minor children of the primary applicant when they are adjusting status in an EB category. No Extra Forms There is no additional form required to use the 245(k) provisions nor is there an additional filing fee. Generally, it is not necessary to even explain that this provision is being utilized. Although, at times, eligibility must be argued the U.S. Citizenship and Immigration Services (USCIS) sends a Request for Evidence (RFE).

Violation Days Count from the Last Lawful Admission

The USCIS released a July 2008 memo that interpreted the provisions of Section 245(k). This memo addresses how violations are counted and aggregated, which states that only violations occurring after the most recent lawful admission into the United States count against the 180-day period for purposes of 245(k). Reentry based on an advance parole does not reset the clock for the purpose of 245(k). Such entries are not considered admissions as that term is used in immigration law. It is important to note, however, rather than permit up to 180 days for each type of violation, the USCIS interprets the 180-day period to refer to the total of all three types of violations combined.

Unauthorized Employment: Counted Before and After I-485 Filing

The filing of a green card application does not authorize employment, nor does it stop the 245(k) clock. If an EB-3 candidate continues unauthorized employment after filing the green card application, the candidate will continue to accrue days of unauthorized employment. These days will be counted against the period of “forgiveness” granted by 245(k). For example, if you work without authorization for 100 days before filing Form I-485 and continue working authorization for the next 81 days, without receiving a valid Employment Authorization Document (EAD), you will not be eligible for 245(k).

Part-Time and Full-Time Employment

USCIS will count every single day since the unauthorized employment began until it ended. This includes part-time days and non-working weekends and holidays. If an employee works only four hours a day, five days a week for the month of December, all 31 days of the month, including weekends and holidays, will count toward the 180-day limit.

Does This Mean I can Work for 180 days?

INA 245(k) allows for the approval of a green card, regardless of certain violations. It does not mean that you are allowed to work without authorization. Any other penalties in the law, including potential removal (deportation) for failure to maintain status or comply with the requirements of the law remain in place.

Purdy Law Immigration Attorney

Immigration laws are constantly changing, and it is important that you discuss your options with a licensed US Immigration attorney who can evaluate your case. Schedule your consultation today to see if you can benefit from the provisions of INA 245(k).
-
Share on Facebook Share on twitter

Recent Posts

  • Exploring the E2 Visa: Eligibility, Benefits, and Potential Liabilities
  • Exploring Post-J-1 Visa Options for Au Pairs in the United States
  • Changes to DACA and DREAM Act Regulations in 2023
  • New US Immigration Processes for Cubans, Haitians, Nicaraguans, & Venezuelans
  • Can I sponsor an immigrant that is a non-family member?

Categories

  • Business
  • Criminal
  • Employment Visas
  • Family
  • National
  • Uncategorized
  • US Immigration
  • USA Green Card

Continue Reading

Previous post

What to do if your Green Card has Expired

Person trying to figure out what to do when their green card expires.
USA employment green card
Next post

EB-3 Visa: Are you eligible for an Employment Green Card?

Purdy Law LLC © All rights reserved. Designed by TiHi

Excellent
Based on 54 reviews
Google
Earl Miranda
Earl Miranda
2023-10-02
Purdy Law, gave me pertinent information during my consultation and a direction to move towards. She is professional and speaks very clearly on expectations with the immigration process. I will be using her in the future and recommending her services to others. Thank you again.
Sarita Mangano
Sarita Mangano
2023-09-28
Thais is the best immigration lawyer!!! Thank you so much!!!
Matthew Bryant
Matthew Bryant
2023-09-28
Great experience very knowledgeable would definitely recommend to anyone thank you for all your guys help!!
Kartik Pandit
Kartik Pandit
2023-09-26
She is a good lawyer and help you through your question. She is kind and suggests you best advise where you have to invest or not.
Maytham Kadhim (WISE)
Maytham Kadhim (WISE)
2023-09-14
Made me feel, I’m not just a number and this is highly appreciated. Thank you guys.
Andre Amorim
Andre Amorim
2023-09-13
A huge thank you to Purdy Law for their exceptional assistance with my immigration case. They went above and beyond to ensure that every step of the process was handled smoothly and efficiently. Their expertise and dedication were truly appreciated, and I am extremely grateful for their guidance throughout this challenging journey. With Purdy Law by my side, I felt confident and supported every step of the way. Thank you again for your invaluable help! – Andre Amorim
Donia Rassas
Donia Rassas
2023-09-11
Attorney Thias is incredibly accessible and approachable. Unlike some of my previous attorneys, who were challenging to get in touch with, Thias readily answers calls and is there to address any questions promptly. The consultation was highly informative, and her friendly demeanor made it easy to discuss matters. I’m genuinely excited to collaborate with her and wish I had discovered her earlier in my immigration journey!
Washington Cruz
Washington Cruz
2023-09-01
Through a friend I met Purdy & Bailey. I received a letter of Removal because my Student Visa was denied but I got married and had a child in that period they helped me to cancel my process in that period and I left the court happy with this final result, thanks to Dr. Thaís é Support team.

Consult with a specialized attorney today and achieve the American dream!

Services
Citizen NaturalizationEmployment VisaPERM EB-2 & EB-3Family & MarriageStudent VisasNIWDACA
Other Links
FAQAbout MeClient TestimonialsImmigration NewsPrivacy Policy
Useful Information
Open 8am to 6pm, Monday to Friday
2500 Quantum Lakes Dr. Suite 203, Boynton Beach, FL
Contact me at [email protected]
Schedule a Online Consultation
Close
Search

Hit enter to search or ESC to close