245(i) Cases Adjustment of Status. There are certain instances where one can apply for Adjustment of Status and be out of status. One such exception is called 245(i). If you had an I-130 or I-140 filed prior to April 30, 2001 and were physically present in the U.S. on December 20, 2000, then you could apply for Adjustment of Status even though years of being out of status.
Adjustment of Status under INA §245(i) — how some undocumented immigrants can get a green card without leaving the U.S.
Section 245(i) of the Immigration and Nationality Act (INA), as amended by the LIFE Act, allows certain individuals who are present in the United States and who would otherwise be ineligible to apply for adjustment of status to become lawful permanent residents without departing the U.S. — even if they entered without inspection, worked without authorization, or failed to maintain lawful status.
Who may qualify
Beneficiaries of qualifying immigrant petitions (Form I-130 or I-140) or labor certification applications filed on or before the applicable filing-deadline may be eligible for adjustment under §245(i). Eligibility commonly turns on whether the qualifying petition was filed by the statutory cutoff (see below).
Key filing steps
- Screen for qualifying petition/labor certification and confirm the filing date.
- File Form I-485 with Supplement A and pay the §245(i) sum where applicable.
- Assemble certified petition records, identity documents, and admissibility evidence; pursue FOIA/record searches if historic filings are missing.
- Address inadmissibility bars and prepare waiver strategy where necessary.
Need a paste-ready 245(i) Checklist, a short Supplement A filing template, or a Garfias-Rodriguez memo you can attach to the file?