Green Card INA 245 Immigration and nationality act (INA)’s Section 245(i) allows certain undocumented immigrants physically present in the U.S. to apply for a green card. To be eligible for section 245(i) adjustment of status, the immigrant must have a labor certification application or immigrant visa petition filled out before April 30, 2001.
They get green cards regardless of the following things;
- If they are unable to maintain their lawful status in the U.S. since they entered.
- Working without authorization in the U.S.
- Irrespective of how they entered the U.S.
Eligibility Criteria of INA 245(i)
The eligibility of INA 245(i) depends on the following things;
- If your beneficiary of a qualified immigrant petition (form I-130 to I-140) or a labor certificate (Form ETA-750) is filled before April 30, 2001.
- Being a principal beneficiary, you were physically present in the United States on December 21, 2000, and the petition was filed between Jan 15, 1998, and April 30, 2001.
- If you filled the application correctly for adjustable status (Form I-485).
- Pay the fees while filing the form.
- Physically present in the U.S. while filling out form I-485.
- Having an immediately available visa.
- Acceptable to the U.S.
- The positive aspects of your application oppress the negative aspects.
Your petition can be approvable in the following cases;
- When you correctly filled and signed your petition and submitted it before April 30, 2001.
- If your petition had merit and you qualified for the benefits at the time of filling out a petition.
- The application is earnest and has a purpose.
How to get a green card through INA 245(i)?
To get a green card through INA 245(i), you must file an application with all the following required documents used to adjust the Status application;
- Two passport-size photographs
- Birth certificate copy
- Copy of Government-issued identification number along with pictures
- Copy of Passport page with non-immigrant visa (if applicable)
- Copy of your passport page during entry or parole stamp
- Declaration of Self-sufficiency (Form I-944)
- Vaccination and medical exam report (Form I-693)
- Arrival/Departure Record (Form I-94)
- Affidavit of support, Form I-864
After that, you must file the fee, which is expected to be 1225$. As you are applying for INA 245(i); you also have to submit the following documents;
- Supplement A to Form I-485
- Proof your qualifying relationship if you qualify as a derivative beneficiary of INA 245(i) petition
- Evidence that you were present physically in the U.S. on December 21, 2000
- Proof that you concurrently filed an immigration petition or form I-797
- Verification of qualifying INA 245(i) petition
You also have to pay an additional penalty of 1000$ in the end.
Who was helped through section 245(i)?
Following are the individual who was helped through section 245(i);
- Entered in the United States without any inspection
- Working in the U.S. without Authorization
- Stayed in the U.S. for more than the authorized period
- Individuals who are deportable
- People who are stowaways and crewmen
- People who admit the U.S. without a visa or on a non-immigrant visa
- People who enter the U.S. in transit without a visa
Why was section 245(i) created?
This section 245(i) was created as a part of the initial INA to provide the opportunity to get a green card to individuals who entered the U.S. as non-immigrants. Section 245(i) allows people who are already Living in the United States with their families and work there to complete the immigrant adjustment process.
In the initial stages, lawful permanent resident status is allowed only for those who entered the United States and are lawfully maintaining this legal status. Later in 1994, Congress extended eligibility for a green card by adding section 245(i).
In this section, people employed without authorization who did not maintain lawful permanent resident status or are not lawfully admitted to the United States can also get a green card. They are eligible to apply if they have a valid petition filled in their name before the deadline.
Section 245(i) Adjustment Benefits
Section 245(i) provides many people with an opportunity to obtain lawful status regardless of how they enter the U.S., whether they are maintaining legal quality not or working without authorization, and it allows them to adjust their position and get a green card.
For example, many unauthorized immigrants green their green cards from abroad through relative U.S. citizens or green card holders. Still, those who are unlawfully present in the U.S. face 3 to 10 years behind bars, reenter the United States, and want to be lawful permanent residents. This section also allows those unauthorized immigrants to pass their unlawful status into legal status without leaving the country.
References:
- https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-ina-245i-adjustment#:~:text=In%201994%2C%20Congress%20enacted%20section,without%20leaving%20the%20United%20States.
- https://immigrationforum.org/article/fact-sheet-section-245i-adjustment/
- https://www.stilt.com/blog/2020/09/ina-245i/
- https://www.americanimmigrationcouncil.org/research/legalization-through-245i
- https://www.legacyimmigrationattorney.com/practice/adjustment-of-status-green-card-section-245i/
- https://www.hooyou.com/245i/faq.html
