Get Section 245(i) Provision Of The LIFE Act - USCIS - Uscis

The Immigration and Nationality Act was enacted in 1952, while Section 245(i) was included by Congress in 1994. Section 245(i) aims to provide undocumented immigrants with a legal means of changing their unlawful status to lawful status and obtaining lawful permanent residence.

INA 245(i) Grandfathering Rights In order to qualify for 245(i) adjustment, an immigrant must prove that a family-based I-130 Petition was filed no later than April 30, 2001. This petition has to meet the following requirements: The immigrant was either the principal or derivative beneficiary of the petition.

I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i) Use this form to provide us with additional information if you are requesting to adjust status under section 245(i) of the Immigration and Nationality Act.

Current Eligibility Requirements for 245(i) Was physically present in the United States on December 21, 2000 (if he or she is the principal beneficiary and the petition or application was filed between January 15, 1998, and April 30, 2001) Pays the $1,000 fee (unless exempt)

Derivative beneficiaries are the spouses and children (unmarried and under age 21) of the principal beneficiary at the time the petition was filed, or those relationships that came into being before April 30, 2001 while a petition was still active.

245(K) allows employment-based applicants to get approved adjustment status and forgives status violations. While there are certain exceptions, only violations of 180 days will be eligible for 245k. So, if you have failed to maintain lawful status since their entry into US, you can apply under INA 245 k.

What are the Filing and Penalty Fees Associated with Section 245(i)? The Section 245(i) penalty fee is $1,000, and is in addition to any other filing fees.

You cannot adjust status based on filing Supplement A alone. You must also file Form I-485 and be eligible for a visa under a family-based, employment-based, special immigrant, or Diversity Visa immigrant category. Supplement A and Form I-485 are used to determine whether you qualify for INA section 245(i) adjustment.