Unlocking the Benefits of Section 245(i) for Non-Permanent Residents
- sacredheartimmigra
- Jan 3, 2024
- 2 min read
Section 245(i) of the Immigration and Nationality Act (INA) in the United States allows certain eligible individuals who are otherwise ineligible to apply for adjustment of status (green card) in the U.S. to do so without leaving the country, despite their immigration violations or ineligibility.
Under Section 245(i), individuals who entered the U.S. without inspection or violated their status may apply for adjustment of status if they meet certain criteria and pay an additional penalty fee. This provision is particularly relevant for individuals who would otherwise be ineligible for adjustment of status due to their unlawful entry or other immigration violations.
Key points about Section 245(i) include:
Eligibility: To qualify under Section 245(i), applicants must have a family-based or employment-based immigrant petition or labor certification filed on or before April 30, 2001.
Penalty Fee: Applicants eligible under Section 245(i) must pay an additional penalty fee along with the regular filing fees when applying for adjustment of status.
Maintaining Eligibility: Merely having an immigrant petition or labor certification filed before the April 30, 2001, deadline doesn't grant immediate eligibility. Applicants must continue to meet other eligibility requirements, such as admissibility and qualifying for an immigrant visa.
Benefits: This provision allows eligible individuals to adjust their status to that of a lawful permanent resident (green card holder) without departing the United States, thus avoiding potential bars on re-entry due to unlawful presence.
It's important to note that Section 245(i) was a temporary provision that expired on April 30, 2001. Therefore, individuals must have had a qualifying application or petition filed on or before that date to take advantage of its benefits. Also, not all immigration categories or cases may be eligible for adjustment of status under Section 245(i).
As immigration laws are complex and subject to changes, individuals considering using Section 245(i) should seek advice from qualified immigration attorneys or accredited representatives to understand their eligibility, requirements, and the implications of applying for adjustment of status under this provision.
