Requirements of 245(i)

 

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

  1. Physically present in the United States on December 21, 2000;
  2. An immigration petition or a labor certificate application is filed for the benefit of the Alien on or before April 30, 2001;
  3. The immigration petition or the labor certification application must be approvable at the time of filing. (It means that the application is good on its face); and
  4. Paying a $1,000 penalty at the time of filing I-485.
 

For other information about 245 (i), please click on one of the following topics below:
What is 245(i)?
What are the requirements to claim the benefits under 245(i)?
Who will benefit?
What does 245(i) not protect?
What are the penalty fee and filing fees?
Frequently Asked Questions about 245 (i)
What are some samples of illustrating or applying 245(i)?

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