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Adjustment of Status Under Section 245(i)

Adjustment of Status Under Section 245(i)

Green Card through the LIFE Act

What is adjustment of status?

The process of applying for legal permanent residency, also known as a “green card,” is called “Adjustment of Status.” A noncitizen may not qualify for adjustment of status for various reasons, including if they worked in the United States without authorization or overstayed a visa. Adjustment of Status under Section 245(i) of the Legal Immigration Family Equity Act (LIFE Act) allowed these noncitizens, who were generally disqualified from applying for adjustment, to apply for legal permanent residence from within the United States if they paid a penalty fee and met certain requirements. Under Section 245(i), Congress generally permitted eligible parties to apply for a green card by:

Although Congress only extended the last day to file for adjustment of status under Section 245(i) to April 30, 2001, an applicant may still qualify for Section 245(i)’s protections if he or she is a beneficiary of a petition filed before that date. An immigration attorney is able to determine whether an applicant is a beneficiary of a qualifying Section 245(i) petition, which involves a lot of searching for documentation and establishing whether an appropriate prior relationship existed.

Who qualifies for adjustment of status under section 245(i)?

  • Beneficiaries of a qualified immigrant petition (Form I-130 or I-140) or application for labor certification (Form ETA-750) filed on or before April 30, 2001
  • A party physically present in the United States on December 21, 2000, if he or she is the principal beneficiary and the petition was filed between January 15, 1998, and April 30, 2001
  • Current beneficiaries of a qualifying immigrant petition
  • Parties with immediately available visas
  • Parties that are admissible to the United States, with the exception of aliens present without admission or parole as defined under Immigration and Naturalization Act (“INA”) Section 212(a)(6)(A)

The “grandfather” provision

Individuals who are able to demonstrate eligibility under the “old” Section 245(i) rule allowing parties to adjust status with a penalty fee are deemed “grandfathered” in. Spouses or children of “grandfathered” individuals may also be grandfathered or eligible to adjust status as dependents under Section 245(i).

Navigating through the process of adjusting status under Section 245(i) presents a particularly complicated set of challenges that is best handled with the assistance of an experienced legal professional.

Why Having an Immigration Attorney is Crucial

The immigration process is complicated, and individuals who attempt to take on immigration law alone have the potential to harm their case. An experienced immigration attorney can guide you through the application process and help you gather the necessary evidence and documentation related to your case. Having an attorney on your side can increase the chances of getting your waiver application approved.

If you or a loved one needs assistance with immigration waivers, our team of experienced immigration lawyers can help. Contact Yekrangi & Associates at (949) 478-4963 for more information about how we can help you with all your immigration needs.

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