Section 245(i)

Section 245(i)

Section 245(i) of the Immigration and Nationality Act (INA) is a provision that allows certain undocumented immigrants in the United States to adjust their status (apply for a green card) despite entering the country without inspection or overstaying their authorized period of stay, by paying a penalty fee in the amount of $1,000.

To qualify for Section 245(i), you must show that you were a beneficiary of a family or labor petition filed on your behalf on or before April 30, 2001. You can also qualify if your spouse was the beneficiary of a petition filed on or before April 30, 2001. Finally it is possible to qualify if you can show that your parent was the beneficiary of a petition filed on or before April 30, 2001 and at that time you were single and under 21. 

In addition, the primary applicant must have been physically present in the United States on December 21, 2000, if the qualifying petition was filed on or after January 15, 1998 and on or before April 30, 2001. For petitions filed on or before January 14, 1998, no physical presence needs to be established. 

Section 245(i) is a very complex area of the immigration law - if you believe you might be covered under this section of the immigration law, please contact us and schedule a consultation. 

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