.png){kind=small}
Are you an undocumented individual seeking a pathway to lawful permanent residency in the United States? Discover the potential solution: a Green Card through 245(i) INA Adjustment of Status.
In this guide, you will delve into Section 245(i) of the Immigration and Nationality Act (INA). Gain insights on eligibility requirements and the opportunities it provides for those navigating the complex U.S. immigration system.
What Is 245i INA Adjustment Of Status?
In 1994, the U.S. Congress passed Section 245(i) of the Immigration and Nationality Act (INA). It allows undocumented immigrants to adjust their status to lawful immigrants in the United States. This provision provides a legal means to change their unlawful status and obtain permanent residency.
Section 245(i) recognizes that people make mistakes and deserve a second chance. It provides a way for those who violated their status to fix their situation and contribute positively to society. Granting lawful status allows them to leave the shadows and pursue their goal of becoming a resident.
More importantly, Section 245(i) preserves family unity by protecting those whose relatives filed immigrant Visa petitions before April 30, 2001. This provision prevents families from being torn apart due to immigration status issues. It enables close relatives of U.S. citizens to obtain Green Cards and build a brighter future with their children.
The provision also extends to immigrant workers with unique talents and skills, recognizing their contributions to the U.S. economy. Additionally, it empowers immigrants to work during the adjustment process, removing fears of job loss and vulnerability.
The United States can uphold its reputation as a compassionate nation by embracing its principles. It is where you realize your dreams, families stay united, and every individual’s potential is unlocked. To fully grasp this, knowing who is eligible to adjust status under section 245i is essential.
Who Is Eligible For 245i?
Section 245(i) of INA has been a significant aspect of the U.S. immigration landscape. With its potential to provide a path to adjustment of status, it has generated interest and questions about its eligibility criteria. Several key factors determine who is eligible, shedding light on the requirements and implications of this provision.
Immigrant Petition
The immigrant must be the beneficiary of a valid immigrant petition (Form I-130 or I-140). A U.S. citizen sponsor must have filed the petition on the beneficiary’s behalf on or before April 30, 2001. It means someone started sponsoring the immigrant for lawful permanent residency before the specified date.
Immigrants seeking certain benefits or statuses must often provide supporting documentation to establish eligibility. The type of evidence required varies depending on the immigration benefit they are applying for. It applies to them if they are the primary beneficiaries of valid petitions.
Correctly File Forms
The immigrant must correctly file Form I-485. It is known as an Application to Register Permanent Residence or Adjust Status. It is a key to getting a Green Card in the United States. An individual uses it to apply for permanent residence or adjust their status, along with Form I-485 Supplement A. This form gives additional details if you want to change your status using section 245(i) INA. The applicant must accurately fill out and submit these forms per the guidelines.
Other Eligibility Requirements
Other criteria must be present for an applicant to be eligible to apply for a Green Card through Section 245(i) of INA. Here are additional requirements an immigrant must meet.
- Form I-485 Supplement A. The immigrant must be physically present in the United States when filing Form I-485 and Supplement A.
- Visa Availability. A Visa must be immediately available to the immigrant at the time of filing. It means the Visa category they are applying under should not be oversubscribed or backlogged.
- Admissible To The United States. The applicant must be admissible to the country or allowed to waive inadmissibility.
Meeting these eligibility criteria can allow immigrants to rectify their status and obtain lawful permanent residency. In line with this, it is essential to understand the benefits of 245(i) INA adjustment.
What Are The Benefits Of 245(i) INA Adjustment?
The Adjustment of Status under Section 245(i) of INA offers several benefits to eligible immigrants.
Legalization Of Status
It provides a legal pathway for eligible undocumented immigrants to adjust their status to that of a lawful immigrant to obtain lawful permanent resident status. It means they can live and work in the United States without fearing deportation.
This new status is especially beneficial for keeping families together. Eligible immigrants who have family members can apply for lawful permanent residency. This provision ensures that immigration status issues do not separate parents, spouses, and children.
Avoid Consular Process
Through Section 245(i) adjustment, eligible immigrants in the United States can adjust their status without the need to leave the country. They do not need to return to their home country for consular processing. It saves them from travel risks, uncertainties, and family separation during Visa processing abroad.
Work Authorization
Eligible immigrants can file their Adjustment of Status application (Form I-485) under Section 245(i). Once filed, they can apply for work authorization using Form I-765. It allows them to work legally in the United States while their adjustment application is being processed. It enables them to support their families and contribute to the economy.
Section 245(i) of the INA offers many benefits to eligible immigrants. This provision promotes inclusivity and unity within the American immigration system. In line with this, it is also essential to know the facts on the common misconceptions regarding 245i.
What Are The Misconceptions About It?
Are you wondering about the common misunderstandings regarding Section 245i Adjustment of Status? Explore the truth behind misconceptions and gain a clearer understanding of its provisions.
Section 245(i) Serves As A Fast Lane To Citizenship
It does not provide a direct path to citizenship. Section 245(i) allows individuals to change their immigration status. They can move from a nonimmigrant or undocumented status to a lawful immigrant and can adjust to that of a Green Card holder. However, individuals must meet specific residency requirements to become U.S. citizens. They should go through the naturalization process, which is separate from Section 245(i) Adjustment of Status.
This Provision Forgives All Immigration Violations
Section 245(i) permits undocumented immigrants to become lawful immigrants. It applies to those who violated their status or overstayed their Visas. However, it does not forgive all immigration violations. Other factors can still affect an individual’s eligibility. It includes the application process, criminal history, and health-related grounds.
Same As The Deferred Action For Childhood Arrivals (DACA) Program
Section 245(i) and DACA are two different immigration provisions. Section 245(i) applies to eligible immigrants with a labor certification filed. However, DACA provides temporary relief from deportation. It also offers work authorization specifically for certain undocumented individuals. These immigrants must have come to the United States as children.
Immigration laws and regulations may change over time. In line with this, asking for guidance from a qualified lawyer is vital. It will help ensure that you have accurate and up-to-date information regarding your immigration status and any available options.
How Can An Immigration Lawyer Help You?
Having a Green Card lawyer’s assistance is invaluable in multiple ways. Experienced immigration attorneys at Lozano Law Firm can determine your eligibility for 245(i) by assessing whether you meet the necessary criteria. Moreover, they can help gather and organize the required documentation to ensure a robust and complete application.
Navigating the complex immigration process becomes more manageable with their guidance. They explain each step and offer insight into what to expect. Additionally, a lawyer for immigration helps you file your Form I-485 under 245(i). They serve as your representative, addressing any issues or inquiries on your behalf.
Immigration attorneys can look into other immigration benefits that match your long-term plans. They must also keep up with immigration laws that are constantly changing. A skilled immigration lawyer ensures your application complies with new regulations or requirements. Additionally, if you are facing a denial, a lawyer can assist with appeals or waivers to address the reasons behind it.
Section 245(i) of the Immigration and Nationality Act (INA) allows undocumented immigrants to change their status to a lawful one. This eventually gives them the opportunity to apply for a Green Card in the United States through an Adjustment of Status.
Additionally, it benefits immigrant workers with unique talents and skills, allowing them to become lawful permanent residents. During the adjustment process, eligible immigrants can work legally, removing fears of job loss and vulnerability.
Remember, seeking guidance from a qualified lawyer is crucial. They can assist in navigating the complex immigration process and ensuring accurate and up-to-date information. With a skilled immigration attorney by your side, you can increase the chances of a successful application.
245(i) INA Eligibility FAQs
Can I Use My Parent’s Or Spouse’s Old Petition To Adjust Status?
Yes, under the “grandfathering” rule. If you were a derivative beneficiary—listed on a petition filed before the cutoff—you may still benefit from 245(i) today, even if you’re now applying through a new sponsor. We help Texas families trace and connect old petitions to current cases.
What Evidence Is Required To Prove 245(i) Eligibility?
You’ll need a copy of the qualifying petition or labor certification, proof it was filed before April 30, 2001, and documentation of your physical presence on December 21, 2000 (if filing under the late cutoff). We assist San Antonio clients in recovering old records and gathering secondary evidence when needed.
Can I Still Adjust Status With 245(i) If I Worked Without Authorization?
Yes. Section 245(i) forgives unauthorized employment, entry without inspection, and certain other status violations. We help clients in Texas with complicated immigration histories pursue adjustment without needing to leave the U.S. or apply for a waiver.
Can I Use 245(i) For A New Petition Filed Today?
No. The original petition or labor certification that supports your 245(i) eligibility must have been filed on or before April 30, 2001. However, a new petition may still serve as the current basis for adjustment. We help Texas clients align old and new filings properly.
Will I Still Need An Interview For My Adjustment Application?
Most applicants must attend an interview at the San Antonio USCIS field office. We prepare 245(i) applicants for possible questions about their immigration history, prior petitions, and physical presence evidence.
Can I Apply For Work & Travel Authorization While My 245(i) Is Pending?
Yes. You can file Forms I-765 and I-131 with your I-485 to receive a work permit and advance parole document. We help San Antonio clients file these concurrently and ensure all filings comply with 245(i) processing requirements.
How Can Lozano Law Firm Help With My 245(i) Adjustment Case?
We review your immigration history, confirm whether you qualify under 245(i), and prepare your entire adjustment package—including all forms, evidence, and supporting documents. Our San Antonio team helps ensure your path to lawful permanent residence is based on solid legal footing and filed with care.
