What Is 245(i) Adjustment Of Status? How Does It Work?
Agree To Pay A Penalty To Change Your U.S. Immigration Status
The 245(i) adjustment of status 2 was a law enacted in 2000 that allowed specific individuals to change their visa or immigration status within the United States under specific conditions.
More specifically, it made it possible for people who were not eligible to apply for adjustment of status to do so by paying a “penalty fee”. It allowed for the approval of adjustment for persons inside of the United States, if they had an immigrant visa (I-140 or I-130) filed for them by April 30, 2001. It represented an opportunity for thousands of people to live and work in the U.S. and to apply for green cards without having to return to their countries of origin. Additionally, it allowed those who reentered the country with reentry permits or advance parole to adjust} status in the U.S. as well.
Recently, there has been some talk about reintroducing a 245(i)-like provision that would allow non-citizens to “consularize” their immigrant visas. Contact our team if you would like to learn more about the 245(i) adjustment of status, if you wonder if you are eligible to apply, or if you want to know about upcoming changes to immigration law.
When you want reliable legal advice regarding this important adjustment of status application, contact the Law Office of Mana Yegani.
What Are The Eligibility Requirements For 245(i) Adjustment Of Status?
Making an eligibility assessment toward a 245(i) application can be a complex process. To better understand if you meet the qualifications, this is a great time to engage in a private and confidential consultation with us.
- Common eligibility requirements include:
- You were eligible to apply for an immigrant visa through sponsorship of a qualifying petition on or before April 30, 2001
- You can show that you were physically inside the United States and physically present on December 21, 2000
- You are related to a U.S. citizen or a lawful permanent resident
- Your relationship to the petitioner has existed for over two years
- It is crucial that you can show substantial evidence that you meet the above requirements. Be sure to contact an experienced immigration attorney to assist with your application.
What Is Needed For The 245(i) Application Process?
There is no additional form associated with the 245(i) application itself. The only difference between this type of adjustment of status application and a regular green card application process is the inclusion of a 245(i) eligibility worksheet/activity sheet. A proof of payment for the penalty fee will be required as well. It is also critical to be able to show physical presence within the United States on or before December 21, 2000, proving you were inside the country by this time. It is crucial to consult with an experienced immigration attorney here in Houston if you are considering this body of work.
When Do I Get A Decision On My Application?
The 245(i) adjustment of status application process takes a significantly longer amount of time to be approved from the filing date. Green card applications can take 8-14 months to process, and 245(i) adjustments might take an additional 3-4 months beyond this.
If you want to know if you are eligible, contact the Law Office of Mana Yegani for a consultation.
Call Our Experienced Houston Legal Team for a 245(i) Adjustment Of Status Consultation!
If you have questions about 245(i) provisions or if you would like to review your eligibility, please contact our firm for legal counsel. You can enjoy peace of mind by engaging in a private consultation with a team that genuinely cares about your needs, opportunities, and objectives.
When you want reliable legal advice regarding this important adjustment of status application, contact the Law Office of Mana Yegani.
