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 PetitionThe 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 FormsThe 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.