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Section 245(i) Provision of the LIFE Act

What is the Section 245(i) provision of the Legal Immigration Family Equity Act (LIFE Act)?

Section 245(i) allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty. The LIFE Act temporarily extends the ability to preserve eligibility for this provision of law until April 30, 2001. Use of Section 245(i) adjustment of status previously was limited to eligible individuals who were the beneficiary of a visa petition or labor certification application filed on or before January 14, 1998.

Who are the "certain persons" covered under Section 245(i) adjustment of status?

Those covered by the provision are listed at Section 245(a) and (c) of the Immigration and Nationality Act and include individuals who:

  • Entered the United States illegally;
  • Worked in the United States illegally,
  • Failed to maintain continuously lawful status,
  • Entered under the Visa Waiver Pilot Program,
  • Entered as foreign crewmen, and
  • Entered as foreign travelers in transit without a visa.

Am I eligible for Section 245(i) adjustment of status under the LIFE Act?

To be eligible, you must:

  • Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) or
  • Be the beneficiary of an application for labor certification filed with the Department of Labor (DOL) according to DOL rules on or before April 30, 2001, and
  • Also have been physically present in the United States on December 21, 2000, if the qualifying visa petition or labor certification application was filed after January 14, 1998.

We will be happy to clarify all intricacies of these cases. Please contact us for more information.

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