INA Section 245i

 

Section 245(i) allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty. The LIFE Act temporarily extends the ability to preserve eligibility for this provision of law until April 30, 2001. Use of Section 245(i) adjustment of status previously was limited to eligible individuals who were the beneficiary of a visa petition or labor certification application filed on or before January 14, 1998.

 

 

Who Is Covered Under 245i?

Those covered by the provision are listed at Section 245(a) and (c) of the Immigration and Nationality Act and include individuals who: ƒ Entered the United States illegally; ƒ Worked in the United States illegally, ƒ Failed to maintain continuously lawful status, ƒ Entered under the Visa Waiver Pilot Program, ƒ Entered as foreign crewmen, and ƒ Entered as foreign travelers in transit without a visa.

 

 

To be eligible for 245i, you must

 

Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) or ƒ Be the beneficiary of an application for labor certification filed with the Department of Labor (DOL) according to DOL rules on or before April 30, 2001, and ƒ

 

Also have been physically present in the United States on December 21, 2000, if the qualifying visa petition or labor certification application was filed after January 14, 1998. All petitions and applications must be properly filed and approvable when filed. NOTE: There are some groups that may not be affected by any deadlines related to Section 245(i).

 

The spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age if he/she was inspected and lawfully admitted to the United States, but subsequently overstayed his/her authorized admission or worked without permission, does not need to apply for adjustment of status under Section 245(i).

 

Also, certain persons who are eligible for certain employment-based immigrant visas and who were inspected and lawfully admitted to the United States, but have not violated their status or worked without permission for more than 180 days, do not have to apply for adjustment of status under Section 245(i).

 

This information is based USCIS' Policy Guidelines that you may read here. 

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245i Derivative Beneficiary Eligibility Chart