Section 245(i), who can use it?
Section 245(i) of the Legal Immigration Family Equity Act (LIFE) is available to some people who cannot apply for adjustment of status in any other way. As usual, you will need to follow some steps. You will be required to go through the application process to be able to apply for adjustment of status.
Section 245(i) can be a complex issue, as is usually the case with immigration law. You will need a seasoned helping hand by your side, such as the one we can provide at HMA Legal. We have an experienced team of attorneys led by Hassan H Ahmad. Contact us and we will help you with your case.
Under section 245(i) of the LIFE Act, certain people who entered without a visa or violated their status and thus are not eligible for adjustment can apply after payment of their penalty.
Thus, people who would otherwise be disqualified for adjustment can apply for LPR status in the US. And they can do it even if they fell out of their status in some instances.
Yet, Section 245(i) has some restraints. First, to get a green card, you will still need an approved petition and meet the requirements. Thus, Section 245(i) does not influence the approval of an immigration application. Further, 245(i) conditions apply to individuals with a work certificate or visa petition between 1998 and April 30, 2001.
Who may apply? Section 245(i)
The deadlines are not the only conditions. You must meet other requirements:
- In most cases, you will pay a $1000 fine when filing the application.
- You are the beneficiary of a 1-130 petition, an I-140 petition, or a labor certification petition filed on or before April 30, 2001.
- IF You were in the US on December 21, 2000 if you are the principal beneficiary of a qualifying petition filed between January 14, 1998 and April 30, 2001.
- You are a current beneficiaries of a qualifying immigrant petition.
- There is a need for a visa to be immediately available for you.
- You are currently admissible to the US or are eligible for a waiver of inadmissability.
You must also know that Section 245 (i) does not protect immigrants from removal proceedings. Anyone with a deportation order cannot receive an adjustment of status under section 245(i). Further, 245(i) does not count as an exemption from the two-year home country residency requirement the J-1 visa holders must have.
How to apply? Section 245(i)
If you fulfill these conditions, you can apply. Again, the process is complex. The best way to go is to contact us and leave it in our hands.
To apply for adjustment, submit the four required status adjustment forms:
- I-485 application for LPR or adjustment of status
- I-864 Affidavit of Support
- I-693, Report of Medical Examination
- Form I-485 Supplement A (if applicable)
You must also provide supporting evidence. You will need to file it along with the forms, and:
- Passport-size photos
- Copy of your birth certificate
- A Copy of ID
- Copy of the passport page
- Arrival and departure records
- Copy of your immigration or work petition
- Proof of physical presence in the US
- Payment of filing fees and $1000 penalty
There’s no statute of limitations under 245(i). This means you can apply at any time if you meet all criteria.
What else should you know? Section 245(i)
When your application is pending, you have to right to work in the US. You can also seek advanced parole, which means you can travel and be re-admitted to the US when you return.
Still, you will not be protected from deportation. You will neither be granted a period of stay.
Adjustment of status is a complex issue. There are many different grounds, waivers, and exemptions. Legal help is a must because Section 245(i) might be the last bullet in your chamber.