If an immigration application was filed prior to April 30th, 2001 and you are a direct or indirect beneficiary of this application you will still qualify for 245i benefits. If a spouse or other family member was a direct or indirect beneficiary of 245i, you may qualify for benefits as well. The number of people who are in the United States today who qualify for the 245i law is extremely large. But because the benefits weren’t granted under the initial petition or because the individual was not a direct beneficiary they may not be aware. A direct beneficiary is someone who is named in the application. An indirect beneficiary is a family member of a person named in the application that was filed. For example if your mother or father was the direct beneficiary of an I-130 filed by their brother or sister who had U.S. citizenship and at the time it was filed you were under twenty-one years of age, you remain eligible as an indirect beneficiary for the 245i law. You can file a new application under virtually any residency program and you can obtain benefits here in the United States by paying a $1,000 penalty. Even if don’t qualify under some of the original conditions; for example, you were not present in the united states in December of 2000, but you have a family member, a spouse or a parent, who qualifies directly, you can obtain benefits under the 245i law even without having those initial qualifications. It is very important that you have an immigration lawyer review all the documentation that was ever filed with theUS immigration department for you or any family member to determine whether or not you qualify for the benefits under this law.
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