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Life Act 245(i)

Section 245(i) of the Immigration and Nationality Act permits a person with an immediately available immigrant visa to apply for adjustment of status.

In order to qualify for adjustment of status under this provision, a number of requirements must be met. The requirements include having an immigrant visa petition that was filed on or prior to April 30, 2001; and having the requisite physical presence in the United States on December 21, 2000 if you were the principal beneficiary. 

If you are filing for adjustment of status under a family -based visa petition, the I-130 had to have been filed on or before April 30, 2001. Individuals who will qualify fall into several categories, including spouses of United States citizens or permanent residents; children of United States citizens or lawful permanent resident that are unmarried and under the age of 21; parents of a United States citizen; adult children of United States citizens; and siblings of United States citizens.

Where the adjustment of status application is under an employer-based visa petition, the employer needs to have filed an Application for Alien Certification on or before April 30, 2001.

Individuals may be eligible to file for adjust of status under Section 245(i) of the Immigration and Nationality Act even where they entered the United States without inspection; entered the United States with a valid visa but fell out of status. The spouse and children may be eligible to adjust status where their spouse or parent qualifies for 245(i) adjustment.

For further information, please contact the office.