What is a 245i adjustment under Section 245?
Section 245i grandfathers individuals themselves as well as the applications or petitions filed for them. The basis of a grandfathered individual’s eventual adjustment, however, is not restricted to the application or petition filed to preserve adjustment eligibility.
What is section 245(i) of the INA?
In 1994, Congress enacted Section 245 (i) of the INA, permitting certain individuals who were otherwise ineligible for adjustment of status in the United States to pay a penalty fee for the convenience of adjusting status without leaving the United States.
How to get a green card under section 245i?
Section 245i allows you to get a green card through adjustment of status without having to leave the United States even if you violated or overstayed your status or entered the country unlawfully.
Does USCIS use alien based interpretation of 245i?
Yes, the USCIS utilizes an “alien based” interpretation of §245 (i). If a labor certification or visa petition was “approvable when filed”, you are entitled to the benefits of §245 (i) even if the application/petition was never approved, was withdrawn, or the petitioner ceases to exist.
What is section 245 i of the Immigration and Nationality Act?
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.
Can a grandfathered individual adjust status under Section 245(i)?
Depending on the circumstances, a spouse or child of a grandfathered individual may also be a grandfathered or may be eligible to adjust status as a dependent under section 245 (i) of the INA.
What is section 245(i) of the immigration law?
(There are certain exceptions to the last two bars for “immediate relatives” of U.S. citizens and for certain EB applicants .) §245 (i) was first added to the law in 1994 to allow persons who qualify for green cards, but not for adjustment of status, to be able to adjust their status in the U.S. upon payment of a fine (currently $1,000).
What are the requirements for section 245i of the Life Act?
The LIFE Act added a significant requirement to Section 245i. If the qualifying petition or labor certification was filed after the previous cut-off date of January 14, 1998, the individual must have been physically present in the United States on the date of enactment (December 21, 2000) in order to qualify for Section 245i benefits under LIFE.