An Overview of 245(i) Provision in U.S. Immigration Law

What is 245(i)?

The term "245(i)" refers to a provision in the U.S. immigration law that allows certain individuals who are eligible for immigrant visas (green cards) to apply for adjustment of status to lawful permanent resident in the United States, despite entering the country unlawfully or violating the terms of their visa. This provision has been beneficial for many immigrants in various ways:

1. Eligibility for Adjustment of Status: Under 245(i), eligible individuals who are otherwise ineligible to apply for adjustment of status in the U.S. due to unlawful entry or visa violations may be able to do so by paying a penalty fee and meeting other requirements.

2. Family Unity: 245(i) has allowed eligible individuals to pursue lawful permanent resident status without having to leave the U.S., thus promoting family unity by preventing prolonged separations from family members who are U.S. citizens or lawful permanent residents.

3. Avoiding Harsh Consequences: For some individuals, leaving the U.S. to apply for a visa at a U.S. consulate abroad could trigger bars to re-entry, such as the unlawful presence bar, making it difficult or impossible to return to the U.S. for several years. 245(i) has allowed eligible individuals to adjust status without triggering these bars.

4. Access to Employment Authorization: Eligible applicants under 245(i) may also be able to obtain work authorization while their applications for adjustment of status are pending, enabling them to work legally in the United States.

It's important to note that 245(i) has specific eligibility requirements, and individuals seeking to take advantage of this provision should give our office a call and schedule a consult to determine their eligibility and navigate the application process. Additionally, the availability and specific requirements of 245(i) have changed over time, so it's important to consider the most current immigration laws and regulations.