245(i) Adjustment of Status

Section 245(i) of the Immigration and Nationality Act (INA) allows some individuals who would otherwise be ineligible to adjust their status (receive their green card) if they meet certain criteria. Such individuals may ordinarily be ineligible to obtain their green card from inside the United States because they entered the United States illegally, because they worked without authorization, or because they have failed to maintain continuous lawful status since their entry into the United States. Provided that they are otherwise eligible to adjust status, or are eligible for a waiver that will allow them to adjust status, such individuals may still be eligible to adjust their status if they meet the following criteria:

1. They are the beneficiary of a qualified immigrant petition (Form I-130 or I-140) or an application for labor certification (Form ETA-750) filed on or before April 30, 2001;
2. They were physically present in the United States on Dec. 21, 2000, if they are the principal beneficiary and the petition was filed between Jan. 15, 1998, and April 30, 2001;
3. They are currently the beneficiary of a qualifying immigrant petition (either the original Form I-130 or I-140 through which you are grandfathered or through a subsequently filed immigrant petition) or an application for labor certification;
4. They must properly file Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-485 Supplement A;
5. They must pay the $1,000 fee (unless exempt);
6. They must be physically present in the United States at the time they file Form I-485 and Supplement A;
7. They must have a visa immediately available to them;
8. They must be otherwise admissible to the United States or eligible for a waiver of inadmissibility or other form of relief; and
9. They warrant the favorable exercise of discretion (this means the positive factors in your case outweigh the negative factors).

Generally, applicants who have a pending I-485 under this provision are eligible for employment and travel authorization documents while they wait for their application to be adjudicated.

If you have questions about your eligibility for a green card under 245(i), call Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys.