245(i) Settlement for Chicago District Office Cases
Posted May 27, 2005
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The USCIS announced in late April 2005 that a settlement has been reached in a class action case for Applications for Adjustment of Status (Form I-485) filed with the Chicago District Office under Immigration and Nationality Act (INA) Section 245(i) between January 29, 1997 and April 30, 2001. Obviously, this is a narrow group of cases and persons who did not file such cases need not be concerned about this matter. The settlement provides for credits on filing fees that were paid on the forms that were filed prematurely. The 245(i) filings were for people either out of status or unlawfully present, who qualified in all other respects for a "green card." These individuals had to use a supplemental form with their I-485s and pay a substantial additional filing fee. More information on the nuances of 245(i) is available on MurthyDotCom.
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The settlement of the lawsuit, Ramos v. Chertoff, provides that a person who filed the I-485 application under Section 245(i) during this period of time may request a credit for the filing fees only in those filings that should not have been accepted and processed. The settlement covers cases that were processed and denied because the applications were premature or there was not an approvable visa petition filed on the person's behalf. The filing fees in these cases were substantial, as the extra fee charged under the 245(i) provision was initially $600 per petition and later increased to $1000 per person. There is often confusion over the proper time to file the I-485 and some may have rushed to file because of the panic surrounding the deadline under 245(i) of the INA. People are also often confused about which relatives can sponsor them and sometimes try to file family-based cases through non-qualifying relatives. There may have been more of these cases than usual around the 245(i) deadline because many lawyers were unable to accommodate all who requested services and the free services for immigrants were even more overwhelmed with requests for assistance.
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If anyone believes that s/he falls into this category, contact the class representatives at 312. 660.1898. It is important to understand that this settlement does not create any new process to obtain lawful permanent resident status in the United States.