Michigan Immigration & Criminal Defense Attorney

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Find answers and information about U.S. immigration law and criminal law issues.

Adjustment of Status Under INA 245i

As a general rule, persons who entered the United States illegally (i.e. snuck across the border or otherwise entered without inspection by an immigration official) are not entitled to apply for lawful permanent residency in the U.S. by utilizing the adjustment of status process. As a result there are many undocumented and unlawful immigrants who are in the U.S. and despite being married to a U.S. Citizen have very few good options for legalizing their status. This is because of a law known as the 3/10 year bar that provides that anyone who enters the U.S. illegal and stays for more than 180 or 360 days is barred from returning for 3 or 10 years respectively. What this means for an unlawful immigrant who has remained in the U.S. for any significant amount of time is that even if he returns to their home county and obtains an immigrant visa he will be barred from entering the U.S. for 3 or 10 years. For most families this is not option at all.

Think you may qualify to adjust your status under 245(i)?

If you entered the country illegally but an immigrant visa petition was filed for you on or before April 30, 2001 you may qualify for immigration benefits under 245(i).  Contact us today for your free case evaluation.

The U.S. passed a law that is commonly known as 245(i). This law allows certain persons who entered the country illegally to apply for adjustment of status in the U.S. and thereby avoiding the application of the 3/10 year bar.

This law originally expired on January 14, 1998 but was extended to April 30, 2001. Although the original law and the extension have both expired some people who are still in the U.S. unlawfully may qualify.

Who qualifies for adjustment of status under 245(i)?

In order to qualify for adjustment of status under 245(i) one must meet the following requirements:

  • Must be the beneficiary of a labor certification petition or immigrant visa petition (including I-140, I-130, I-360, or I-526) that was filed on or before April 30, 2001
  • If the petition was filed between January 14, 1998 and April 30, 2001 you must establish that you were physically present in the U.S. on December 21, 2000. *If you are the beneficiary of a petition filed before January 14, 1998 you do not have to establish physical presence in the U.S. on December 21, 2000
  • You must pay a penalty fee which is currently $1000.

If you are in the U.S. illegally and think you might qualify to adjust your status under 245(i) please contact us for your free consultation.