One important thing to point out is that the benefits from 245(i) are limited. To obtain a Green Card, an alien still needs 1) to get an immigration petition approved by the INS (now called USCIS) and 2) to meet other requirements for adjustment of status. The 245(i) itself has no effect on whether a labor certification application or an immigration petition will be approved. Moreover, 245(i) only lifts three bars in the adjustment of status application. In other words, the other bars to adjustment of status are still there. 245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

245(i) does not grant a waiver to the J-1 holder's two-year home country residency requirement. An alien who is subject to the two-year foreign residency rule still needs to obtain a waiver or fulfill the requirement before applying for adjustment of status.

In addition, 245(i) does not waive the three year/ten year bar. Under the current law, an alien who has been out of status in the U.S. for more than 180 days would be barred from reentering the U.S. for at least 3 years; an alien who has been out of status in the U.S. for more than 360 days would be barred from reentering the U.S. for 10 years. Aliens eligible for Section 245(i) are still subject to the three year/ten year bars. Thus, it is particularly important that people subject to these restrictions not leave the U.S. at all until they become permanent residents. An  alien may remain in the U.S. to obtain permanent residence through adjustment of status by using 245(i) and never trigger these entry restrictions. (Once permanent residence is obtained, these entry bars no longer apply.)

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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