What is Section 245(i) and How Can Undocumented Immigrants Benefit?

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss a little-known law called LIFE Act 245(i) which allows certain undocumented immigrants to apply for permanent residence.

Want to learn more? Keep on watching.

Overview:

What is 245(i)?

Section 245(i) is a provision of the Legal Immigration Family Equity Act (LIFE) which allows certain persons, who entered the United States without inspection (unlawfully), or otherwise violated their status, to apply for adjustment of status in the United States, if they pay a $1,000 penalty.

To be eligible, the applicant must have an immigrant visa immediately available. Immigrant visas are immediately available for spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, and parents of U.S. Citizens (if the U.S. Citizen is 21 years of age or older).

Who is eligible?

You are eligible to receive a green card through Section 245(i) if:

  • You are or were the principal beneficiary of an immigrant petition or application for permanent labor certification filed on or before January 14, 1998 OR
  • You are or were the principal beneficiary of an immigrant petition or application for permanent labor certification filed on or after January 15, 1998, and on or before April 30, 2001, and you were physically present in the United States on December 21, 2000 OR
  • You are or were the derivative beneficiary of an immigrant petition or application for permanent labor certification filed on or before January 14, 1998 OR
  • You are or were the derivative beneficiary of an immigrant petition or application for permanent labor certification filed on or after January 15, 1998, and on or before April 30, 2001, and the principal beneficiary was physically present in the United States on December 21, 2000
  • You have a visa immediately available to you
  • You are otherwise admissible to the United States
  • In addition, the qualifying immigrant visa petition or the qualifying application for labor certification must have been “properly filed” (signed and submitted with the correct fees) and “approvable” (meritorious based on the facts and “non-frivolous”) when filed.

If these conditions are true, then the applicant may apply for adjustment of status and receive their green card through 245(i).

Applicants who are eligible for 245(i) do not need to leave the country in order to obtain permanent residence.

To learn if you qualify for 245(i) please contact our office for a consultation. We would be happy to hear from you.

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