- Entered the United States illegally;
- Worked in the United States illegally,
- Failed to maintain continuously lawful status,
- Entered under the Visa Waiver Pilot Program,
- Entered as foreign crewmen, and
- Entered as foreign travelers in transit without a visa.
However, the petition must have been “Properly Filed.” For immigrant visa petition, “properly filed” means that the immigrant visa petition was received by immigration prior to the close of business on or before April 30, 2001, or if mailed, was postmarked on or before April 30, 2001. The petition must have the name of both the petitioner and the beneficiary, the correct fee, and must have been signed by the petitioner. Whereas for labor certification, “properly filed,” means it was filed with the Department of Labor on or before April 30, 2001. The petition must also have “Approvable when filed.” For a family-based petition these terms mean the petition was filed properly, it had merit, it was not fraudulent; and when filed the appropriate relationship between the petitioner and the beneficiary (whether family or employment) existed. Whereas, for a labor certification application means, “approvable when filed,” means that at the time of filing with the Department of Labor it met the agency’s rules, the application had merit, and it was not fraudulent. If you meet these requirements, you can apply at any later time (even after April 30, 2001) when your immigrant petition is approved a visa number is immediately available for you. If you qualify today, you can still apply and take advantage of this law.