Section 245i allows certain persons who have overstayed their visas or entered the United States without papers to adjust their status without having to leave the US. They must pay a fine, but they do not have to return to their home countries in order to apply for green cards.
In this video, Carl Shusterman, a former INS Attorney (1976-82) who has assisted thousands of persons across the US in becoming permanent residents for over 30 years, explains the benefits of section 245i.
To qualify to adjust your status in the US under section 245i, the application for a labor certification or immigrant visa petition filed on your behalf must have been “approvable when filed”. What does this mean? What if the relative who originally sponsored you for a green card has died? What if your labor certification was never approved? How about if the employer who sponsored you is now out of business, and you want to be sponsored by a family member? Is it true that the benefits of section 245i last a lifetime? If you qualify, what about your spouse and children? Does it make a difference if you get married before or after the petition was filed on your behalf?
Our video answers these and many other questions about the section 245i process.
For additional information, please visit our How to Get a Green Card Under Section 245(i) page.
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Section 245i of the Immigration and Nationality Act (INA), as amended by the Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub. L. 106-553 and -554), enables certain individuals who are present in the United States who would not normally qualify to apply for adjustment of status in the United States to obtain lawful permanent residence (get a Green Card) regardless of:
* The manner they entered the United States;
* Working in the United States without authorization; or
* Failing to continuously maintain lawful status since entry.
To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative, or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001. You must complete Supplement A to Form I-485, Application to Register Permanent Residence or Adjust Status, to apply under Section 245(i) provisions and submit it with your Form I-485. In most cases, you must also pay an additional $1,000 fee.
Qualifying Visa Petition or Labor Certification
A qualifying immigrant visa petition or permanent labor certification application is defined as a petition or application that was both “properly filed” on or before April 30, 2001 and “approvable when filed.”
A qualifying immigrant visa petition may include any of the following forms:
* Petition for Alien Relative (Form I-130)
* Immigrant Petition for Alien Worker (Form I-140)
* Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360)
* Immigrant Petition by Alien Entrepreneur (Form I-526)
A qualifying permanent labor certification application refers to an Application for Alien Labor Certification (ETA Form 750). A permanent labor certification application is properly filed if it was filed on or before April 30, 2001 and accepted for processing according to the regulations of the Secretary of the U.S. Department of Labor (DOL) that existed at the time of filing.
Section 245i Adjustment of Status – Additional Resources
- Section 245(i) Frequently Asked Questions
- Section 245i Adjustment- USCIS Policy Manual
- Grandfathering Requirements (USCIS)
- 245i – Everything You Also Wanted to Know (ILRC 2018)
- 245(i) Adjustment under Duran-Gonzalez for Persons Previously Deported (2014)
- 245(i) and Grandfathering: Matter of Butt, 26 I&N Dec 108 (BIA 2013)
- USCIS Memo Clarifying Section 245(i) (3-09-05)
- Section 245(i) Regulations (3-26-01)
- INS Memorandum Interpreting Section 245i Employment-Based Provisions(6-10-99)
- INS Memorandum Interpreting Section 245i (4-14-99)