Adjustment of Status under 245(i)

Adjustment of status under 245(i) allows some people who would otherwise be unable to gain Lawful Permanent Resident (LPR) status get their Green Card. Originally passed by Congress in 1994, 245(i) allowed for some non-citizens, who met certain requirements, to pay a penalty fee and apply to adjust their status despite having entered the U.S. without inspection (EWI), worked without authorization or overstayed a visa. This allowed families to stay together in the U.S. without the added costs, uncertainty and hardship of consular processing.

245(i) was extended a few times, however, the final “sunset” date was April 30, 2001. People can still benefit from 245(i) today if they were the beneficiaries of petitions filed before April 30, 2001, the cut-off date. Moreover, derivative beneficiaries (spouses and unmarried children under age 21) of the principal beneficiary qualify for 245(i) adjustment of status where there is an old petition filed on or before April 30, 2001.

Legal Requirements for 245(i) Adjustment of Status

In order to qualify for 245(i) adjustment of status:

• An applicant must be the beneficiary or derivative beneficiary of a visa petition (I-130, I-140, I-360, I-526) or labor certification (ETA-750) that was filed on or before April 30, 2001 and that was “approvable when filed” (properly filed, meritorious in fact and non-frivolous);
• The principal beneficiary must have been physically present in the U.S. on December 21, 2000 if the petition was filed after January 14, 1998;
• An immigrant visa must be immediately available to the applicant either because the original 245(i) is current and valid or because they are the beneficiary of a new petition that is current;
• An applicant must be admissible but for INA 212(a)(6)(A) being present in the U.S. without admission or parole.

How To Discover Who May Qualify for 245(i) Adjustment of Status

Eligibility for 245(i) adjustment of status depends on the existence of an old petition. Figuring out if there is an old petition for which you are the principal or derivative beneficiary can be a difficult task. A good way to start is to identify all the people in your family, past and present, who currently have or previously had legal immigration status in the U.S. From there you can interview them about any petitions that were filed for other family members.

The rules for getting your Green Card through 245(i) are extremely complex but a qualified immigration attorney can help guide you to your goal.