Section 245i Adjustment of Status

Section 245i can help you obtain a green card in the US.  Former INS Attorney Carl Shusterman (1976-82) explains how.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Generally, unless an immigrant entered the US lawfully and always maintains his lawful status, he is ineligible to get his green card without leaving the US and returning to his home country.  He may need to obtain an unlawful presence waiver to return to the US.

However, Section 245(i) of the Immigration and Nationality Act provides an important exception to this rule.  If the immigrant had a visa petition (I-130 or I-140) or an application for a labor certification submitted on his behalf on or before April 30, 2001, he can pay a fine and adjust his status without having to leave the US or obtain a waiver for his unlawful presence.

Also, if the immigrant was under 21 years of age when one of his parents had an I-130, an I-140 or a labor certification filed on their behalf, he may also qualify to adjust status under section 245i.

If the labor certification, I-130 or I-140 was filed between January 15, 1998 and April 30, 2001, it is required that the immigrant was present in the US on December 21, 2000 in order to qualify for adjustment of status under section 245(i).

For more information, please see our Adjustment of Status under Section 245i page at http://shusterman.com/greencardsusing245i.html