Adjustment of Status under 245(i)

Overview

The law allows qualified individuals to enter the United States as lawful permanent residents (“green card” holders) after they obtain immigrant visas from a consulate or embassy outside the United States or, for many immigrants already lawfully in the United States, through a process called “adjustment of status.”

Note that to qualify for adjustment of status to lawful permanent resident (LPR), the applicant must first have an approved immigrant visa petition to gain lawful entry by obtaining an immigrant visa outside the United States, or if already in the United States, must maintain a lawful status.

The following foreign nationals are eligible to apply for adjustment of status:

* Spouse of a U.S. citizen
* Unmarried minor child of a U.S. citizen
* Parent of a U.S. citizen child at least 21 years
* Persons who are eligible for certain employment-based immigrant visas who were lawfully admitted to the United States and who have not violated their status or worked without permission for more than 180 days

If, on the other hand, the alien entered the United States unlawfully, entered with permission but did not stay in lawful status, or worked without permission, the alien normally would have to leave the United States in order to apply for an immigrant visa. Congress then thought of a way to enable these prospective immigrants to remain with their families while they apply to adjust their status through Section 245(i) of the Immigration and Nationality Act .

Under Section 245(i) unauthorized aliens in the United States who are eligible for immigrant visas based on family relationships or job skills can apply to become legal permanent residents (LPRs) without leaving the country, provided they pay an additional fee. Currently, to be eligible to adjust status under §245(i), an unauthorized alien must be the beneficiary of an immigrant petition or labor certification application filed by April 30, 2001.