Introduction to Section 245(i) Adjustment of Status
Section 245(i) of the Immigration and Nationality Act allows certain individuals to adjust their status to that of a lawful permanent resident, even if they entered the United States without inspection or are otherwise ineligible for a green card.
To be eligible for a Section 245(i) adjustment, applicants must meet specific requirements, including being physically present in the United States and having a qualifying relative who is a U.S. citizen or lawful permanent resident.
Eligibility Requirements for Section 245(i) Adjustment
Applicants must have been physically present in the United States on December 21, 2000, and must have had a visa petition or labor certification application filed on their behalf prior to April 30, 2001.
Additionally, applicants must demonstrate that they are admissible to the United States and do not pose a risk to national security or public safety.
Qualifying Relatives for Section 245(i) Adjustment
A qualifying relative for Section 245(i) purposes includes a U.S. citizen or lawful permanent resident spouse, parent, or child who is at least 21 years old.
The qualifying relative must have filed a visa petition or labor certification application on behalf of the applicant prior to April 30, 2001, and must still be willing to sponsor the applicant for a green card.
Application Process for Section 245(i) Adjustment
Applicants must submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation and the required filing fee.
The application will be reviewed by U.S. Citizenship and Immigration Services (USCIS), which may request additional evidence or schedule an interview with the applicant.
Benefits and Risks of Section 245(i) Adjustment
A successful Section 245(i) adjustment allows applicants to obtain a green card and become lawful permanent residents of the United States.
However, applicants who are ineligible or whose applications are denied may face removal proceedings and other negative consequences, making it essential to seek the advice of an experienced immigration attorney.
Frequently Asked Questions
What is the purpose of Section 245(i) adjustment of status?
The purpose of Section 245(i) is to allow certain individuals to adjust their status to that of a lawful permanent resident, even if they entered the United States without inspection or are otherwise ineligible for a green card.
Who is eligible for a Section 245(i) adjustment?
Applicants must have been physically present in the United States on December 21, 2000, and must have had a visa petition or labor certification application filed on their behalf prior to April 30, 2001.
What is the role of a qualifying relative in a Section 245(i) adjustment?
A qualifying relative, such as a U.S. citizen or lawful permanent resident spouse, parent, or child, must have filed a visa petition or labor certification application on behalf of the applicant prior to April 30, 2001.
How long does the Section 245(i) adjustment process take?
The processing time for a Section 245(i) adjustment can vary depending on the complexity of the case and the workload of U.S. Citizenship and Immigration Services (USCIS).
Can I appeal a denied Section 245(i) adjustment application?
Applicants who are denied a Section 245(i) adjustment may be able to appeal the decision or file a motion to reopen or reconsider the application.
Do I need an attorney to apply for a Section 245(i) adjustment?
While it is not required to have an attorney, it is highly recommended that applicants seek the advice of an experienced immigration attorney to ensure the best possible outcome.