What are the Requirements to Claim the Benefits under Section 245(i)?


The new 245(i) Amendment allows some aliens who are out of status, entered the U.S. without inspection, or have violated the terms of their non-immigrant visa to apply for an adjustment of status after their immigration petitions are approved. To be eligible to take advantage of the provisions listed under Section 245(i), the alien must meet the following requirements:

  • The alien must be physically present in the United States on December 21, 2000;
  • An immigration petition or a labor certificate application must be filed for the benefit of the alien on or before April 30, 2001;
  • The immigration petition or the labor certification application must be approvable at the time of filing.; and
  • The $1,000 penalty must be paid at the time of filing Form I-485.

(Updated 10/17/2012 by AD)

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