INA Section 245 I
Adjustment of Status Under Section 245(i)
People who entered the country unlawfully or overstayed their status can get a green card according to section 245i. They need to submit form I-485 and pay the required fee and wait for the application to be approved. Once they apply for an unlawful presence waiver they can wait for their green card while they are staying in the United States.
Background Of Section Act 245i
Congress enacted section 245(i) in 1994 to permit people that entered without inspection, overstayed, or worked without authorization to adjust their status without leaving the U.S. after paying the penalty fee. Later in 2000 legislation called the Legal Immigration Family Equity (LIFE) Act advanced the filing deadline to April 30, 2001.
It also required applicants to be present in the United States when the act went into effect on December 21, 2000. Before that, only people whose immigration petition had been submitted and approved by October 1, 1997 could take advantage of section 245(i). After Congress made the law permanent in 1998, they set new filing deadlines for foreigners being sponsored by employers or immediate family members if the petitions were filed before January 14, 1998.
The LIFE Act expanded the deadline and also the law accessible to other immigrant categories. But the law has not been updated for a long time, which means that people that filed their petitions more recently may have difficulty changing their status. Congress can choose to eliminate the need for filing deadlines, which will eliminate the need for future updates.
Talk to an experienced immigration lawyer to help you through the process of adjusting your status.
Do You Qualify Under Section 245i?
You qualify for status adjustment if:
- You were physically present in the United States
- You have evidence that you were present in the USA in December 21,2000 and the petition was filed between January 15, 1988, and April 30, 2001.
- An employer files or an immediate family member files an immigration petition on your behalf
- You have paid $1,000 fee
- You have an immediately available visa
- You still have a chance of getting a green card even if:
- The person that filed an immigration petition on your behalf has died
- The immediate family member who was sponsoring your visa has divorced you
- Your employer who filed the labor certification or Form I-140 go out of business
- Sponsoring employer or petitioner cannot maintain the labor certification application or petition
- Employer or petitioner decides to withdraw the petition or labor certification
If the application was done the right way, you don’t have to worry about the process not getting completed. Fortunately, your immediate family members do not have to prove that they were present in the United States in December 21,2000.
Why Do You Need An Immigration Lawyer?
Since the immigration process is complicated, you need a lawyer with experience and thorough knowledge of immigration law. An experienced immigration lawyer can guide through the adjustment of status process, and help you gather documents and evidence that you need in your case. A lawyer can help increase the chances of getting your application approved.