Obtaining a Green Card Through 245i
- yf_immigrationhub
- Jun 5, 2020
- 3 min read
Did you know that you may qualify for U.S. permanent residency, otherwise known as a green card, based on section 245i of The Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000?
If you qualify for relief under 245i, you may be able to adjust status (AOS) even if:
You entered the United States without inspection
You are working in the United States without authorization
You failed to continuously maintain lawful status since your entry
With 245i protection, you can file for permanent residency (Form I-485) without having to exit the U.S. and without facing the three or 10 year ban.
The requirements of 245i are as follows:
Be the beneficiary of a visa petition (Form I-130 or I-140) or labor certification (Form ETA-750) that was properly filed on or before April 30, 2001 and that was approvable when filed.
If the petition was filed after January 14,1998, but before April 30, 2001, the principal beneficiary must have been physically present in the United States on December 21, 2000.
An immigrant visa must be immediately available to you.
You must be physically present in the U.S.
You must be admissible under all inadmissibility grounds. For 245i, illegal presence or entry without inspection is not grounds for inadmissibility.
Proof of physical presence is NOT required for: derivative beneficiaries or those with petitions filed on or before January 14, 1998.
If you qualify for AOS under 245i, you must submit the following documentation:
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-485 Supplement A, Adjustment of Status Under Section 245(i).
Proof you are the beneficiary of a qualifying 245(i) petition.The following serve as proof: a copy of petition receipt notice, approval notice, or actual petition with a date stamp which serves as proof of filing the petition
If you are a derivative beneficiary, show proof of qualifying relationship (spouse or child) to the principal beneficiary
Proof of physical presence on December 21, 2000, if applicable
Payment of I-485 filing fee plus an additional $1,000 fee for each person who qualifies for 245i
Proving physical presence:
A single document may suffice to establish physical presence on December 21, 2000. In most cases, however, you will need to submit several documents because most applicants may not possess documentation that contains the exact date of December 21, 2000.
In this case, you should submit as many documents as possible that establish your physical presence in the United States prior to and after December 21, 2000. Documents that show physical presence in the latter part of the year 1999, in the year 2000, or in early 2001 also help to satisfy the physical presence requirement.
If you are required to show physical presence in the U.S. on December 21, 2000, the preferred type of proof is the provision of any official document from the government (federal, state, city).
Examples of official government documents that help prove physical presence include:
Official correspondence from the government
Your entry and exit or travel records (Form I-94)
Notice to appear in front of an immigration judge (Form I-862)
Notice to Applicant for Admission Detained for Hearing used in exclusion proceedings (Form I-122)
Order to Show Cause and Notice of Hearing (Form I-221)
State driver's license or ID card
County or municipal hospital records
Public college or public school transcript
Income tax records
Speeding tickets
If no official government documents are available to prove physical presence on December 21, 2000, USCIS will accept documentation that bears your name (applicant). The documents must have been dated at the time they were issued, and bear the seal or signature of the issuing authority (if the documentation is normally signed or sealed). The documents must be issued on letterhead stationery, or be authenticated.
Examples of non-government documents that help prove physical presence include:
School records
Rental receipts
Utility bills
Cancelled personal checks
Employment records
Credit card statements
A personal affidavit attesting to physical presence on December 21, 2000. However, a personal affidavit will not be accepted without additional evidence to validate the affidavit.
If you think that you qualify for AOS under Section 245i of the Immigration and Nationality Act, please consult an attorney.
Please keep in mind that the application for AOS under Section 245i does not protect against removal based on an applicable ground of inadmissibility by Immigration and Customs Enforcement (ICE).
For further information on 245i, check out these links:
Comments