Section 245(i), who can use it?

We Will Fight For You​

Let’s take the first step together and help you win your case.
We are here every step of the way.

Contact Us

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.

Overview of Section 245(i)

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:

  1. In most cases, you will pay a $1000 fine when filing the application.
  2. 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. 
  3. 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.
  4. You are a current beneficiaries of a qualifying immigrant petition.
  5. There is a need for a visa to be immediately available for you.
  6. 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:

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.

Contact HMA Legal, and we will start building a case for you.

Share on print

The HMA Law Firm

September 26th

The HMA Law Firm
Proud to announce that our very own Romana Muzzammel has been appointed to the Maryland State Bar Association - MSBA Diversity and Inclusion Committee!Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm#MSBA #membersonly #thehmalawfirm ... See MoreSee Less
View on Facebook

September 16th

The HMA Law Firm
Even after 20 years of practice, it still feels like magic: a client walking into the US, full of fear, no visa, no hope, and wins asylum, and as of today, proudly holds a green card. This case sticks out for me, though. Here's why:Former AG Jeff Sessions changed the law during his tenure to make cases like my client's nearly impossible to win. (Matter of A-B-) which has since been vacated under Biden.But at the time of his trial, it was still good law.Our judge made a crucial factual distinction based on how we presented the case, and actually held that A-B- didn't apply.It was legal poetry.My client, moments before the decision, came to me with tears in his eyes.He said, "Can you ask them to just grant asylum for my daughter? I'll go back if they do. The gang will kill me but at least I'll know my daughter will be safe."I still don't know who was cutting onions on the courtroom that day.Thankfully it wasn't necessary. The judge granted asylum to father and daughter.And now they have green cards.And guess what, haters? They did it the right way, even though neither of them had a visa when they entered the US!Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm ... See MoreSee Less
View on Facebook

September 9th

The HMA Law Firm
We're hiring! The HMA Law Firm, PLLC is an immigration law firm in northern Virginia dedicated to pursuing social justice. Some of our firm’s key practice areas include removal defense, humanitarian-based immigration, family-based immigration and naturalization, “crimmigration” defense, business immigration, and immigration-related federal court litigation.If you have a passion for immigration and immigrant rights and want to work in a place that combines advocacy with lawyering - hard but fulfilling work - our firm is for you.See the details below:www.indeed.com/viewjob?t=immigration+attorney+removal+defense&jk=2ac5b1047628ce82&from=iaBackPresswww.linkedin.com/jobs/view/3251935823/?refId=mXFzuIB7QHuQM6vDadqmTA%3D%3DContact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm#hiringnow #immigrationlaw #TheHMALawFirm ... See MoreSee Less
View on Facebook

August 31st

The HMA Law Firm
Ganesh Chaturthi is a ten-day festival, held to commemorate the birth of the Hindu god of wisdom, wealth, and fortune, Ganesha. It's observed with prayer, public and private displays of Ganesha idols, the chanting of Vedic hymns, and fasting. On the final day of the festival, an idol of Ganesha is carried in a public procession and plunged into a nearby body of water. When the clay dissolves, it is believed Ganesha returns to Shiva. Ganesh Chaturthi is one of the most important festivals in the Hindu religion and is widely celebrated in Maharashtra, Telangana, Goa, Madhya Pradesh, and Karnataka, and other parts of India.Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm#ganeshchaturthi #ganesha #hindu #thehmalawfirm ... See MoreSee Less
View on Facebook

August 30th

The HMA Law Firm
Onam is a harvest festival in Hindu culture that welcomes the mythical King Mahabali through a ten-day festivity. It includes a variety of traditions such as Vallam Kali (boat races), Pulikali (tiger dances), Onathallu (martial arts), and a nine-course vegetarian feast called Onasadya on the last day. Women participate by creating carpets of colorful flowers in front of their homes, called Pookalam and they perform traditional folk dances. The elephant procession is the peak of the festival, with decorated elephants parading and dancing with people at the place of the procession.Onam is Hindu-based but not limited to Hindu castes, people from all communities can participate in this colorful event, which makes this festival a reminder that despite all the conflicts in the world, being from different places, and having different cultures, we can all celebrate cultural diversity in many forms.Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm#onam #hindu #thehmalawfirm ... See MoreSee Less
View on Facebook

August 29th

The HMA Law Firm
This holiday is celebrated on the last Monday in August to honor and remember all the revolution's heroes who helped establish the foundation for the country’s independence. The date chosen is intended to mark the 'Cry of Pugad Lawin' in August 1896, which was the first act of insurrection against the Spanish colonizers by the Katipunan, a hitherto secret Filipino revolutionary movement. This is seen as the start of the Philippine revolution and movement towards independence.On September 28, 1901, the United States Philippine Commission approved Act No. 243, which would erect a monument in Luneta to commemorate the memory of José Rizal, Filipino patriot, writer, and poet. The shrine was inaugurated on December 30, 1913, coinciding with Rizal's 17th death anniversary.Although the Philippines transitioned from authoritarian rule in 1986, the struggle continues every day due to the limited freedom of the Media, and restricted political rights and civil liberties.Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm#Phillippines #Political #Civil #TheHMALawFirm ... See MoreSee Less
View on Facebook

August 28th

The HMA Law Firm
Happy birthday to the realest and the best managing attorney, Hassan Ahmad!We wish you many blessings and a long and healthy life! ... See MoreSee Less
View on Facebook

August 26th

The HMA Law Firm
Gender equality is not only a fundamental human right but a necessary foundation for a peaceful, prosperous and sustainable world.Women’s Equality Day commemorates the passage of the 19th Amendment to the U.S. Constitution, granting the right to vote to women. The amendment was first introduced in 1878. In 1971, the U.S. Congress designated August 26 as Women’s Equality Day.There has been progress and reforms in several countries over the last decades like the 1973 decision of Roe v Wade which enshrined the legal right to an abortion in the US however, there are still many women and girls who suffer gender discrimination, including the US Supreme Court vote to roll back abortion rights. Women’s Equality Day helps us acknowledge the success stories of women of the past and perhaps most importantly, it reminds us that the struggle is not over yet.Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm#womenpower #womensrights #equality #TheHMALawFirm ... See MoreSee Less
View on Facebook

August 26th

The HMA Law Firm
Every year many people decide to immigrate for a variety of reasons such as employment opportunities, to escape violent conflict, environmental factors, education, or to reunite with family. The process of immigrating to the United States can be complicated, however, having expert guidance in immigration law can help you to understand the process of the law and understand eligibility so you can make an informed decision. We are here to help you!Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: ow.ly/gs4U50KsLop#immigration #help #freedom #thehmalawfirm ... See MoreSee Less
View on Facebook

August 24th

The HMA Law Firm
Afghan Independence Day on August 19 commemorates the Anglo-Afghan Treaty of 1919 that ended British rule in the central Asian nation. This year we chose to write about it back-to-back with the Ukrainian Independence Day post as a reminder that Ukraine isn’t the only country who will not be able to celebrate freely and there should be international backing and recognition to all countries. In 2021, events leading up to the Taliban's takeover of Kabul in August exacerbated displacement throughout the country. For the 15th consecutive year in a row, internal displacement in Afghanistan increased with an additional 777,400 Afghans displaced across all provinces. The impact of the conflict on women and girls has been particularly devastating – 80 percent of all forcibly displaced within Afghanistan are women and children. “Afghanistan’s displacement crisis is one of the largest and most protracted in UNHCR’s seven-decade history. We’re now seeing a third generation of Afghan children born in exile,’’ says UN High Commissioner for Refugees, Filippo Grandi.Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm#Afghanistan #Liberty #TheHMALawFirm ... See MoreSee Less
View on Facebook

August 24th

The HMA Law Firm
In 1918 January 22nd was recognized as the Day of the Declaration of Independence of the Ukrainian People’s Republic by the Ukrainian Diaspora, however, the current form of the holiday was celebrated for the first time on July 16th of 1991, on the first anniversary of the declaration of state sovereignty of Ukraine passed by the Ukrainian Parliament in 1990, but since the declaration of independence was issued on August 24th, 1991, the date of the holiday was changed.Due to the current situation, this year’s holiday is a reminder that every country should remain sovereign without threat of war or violence and that all the attention being brought to Ukraine should be used not only to help and support the Ukrainian people but also to consider the situation of many countries in the middle east, who have been under attack by more powerful countries for a long time and need the same support and help.Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm#Ukraine #Liberty #IndependenceDay #TheHMALawFirm ... See MoreSee Less
View on Facebook

August 24th

The HMA Law Firm
Freedom of religion or belief, freedom of opinion and expression, the right to peaceful assembly and the right to freedom of association are interdependent, interrelated and mutually reinforcing. There are continuing acts of intolerance and violence based on religion or belief against individuals, including against persons belonging to religious communities and religious minorities around the world, and the number and intensity of such incidents, which are often of a criminal nature and may have international characteristics, are increasing.We should learn from history and act accordingly to stop and teach tolerance. Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm#freedom #religion #tolerance #thehmalawfirm ... See MoreSee Less
View on Facebook

What People Say About Us

Client Testimonials

Recent Updates.