Adjustment Of Status 245(i)
The American Dream Act, or Section 245(i) of the Status Adjustment Act, creates a visa system that enables immigrants to gain legal permanent residence without having to leave the country and apply for a visa outside of the country in specific situations.
Under the Legal Immigration Family Equity (LIFE) Act , immigrants who currently do not have lawful permanent residency but who have valid family-based petitions or employment authorization documents are eligible (Green Card) to live legally in the nation.
At the Law Offices of Hussain & Gutierrez, our Van Nuys adjustment attorneys 245(i) are here to answer all your questions about whether you qualify to adjust your immigration status. Our office is conveniently located in San Fernando Valley, California, and we are here to help people throughout the United States and all over the world with their immigration needs, including using the 245(i) and obtaining a green card without you leaving the United States, and eventually obtaining citizenship.
Our attorney, Fakhrudeen Hussain, is an immigrant himself. He understands the confusion and emotions people feel when trying to sort out immigration matters. Call 818-997-3701 or contact us online to schedule a free initial consultation. We are here to help you with all of your immigration questions, issues and applications.
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Those who would otherwise have to leave the country before applying should definitely consider asking for an adjustment of status under Section 245(i).
Prior to filing, we do a full analysis of the case to make sure that any ancillary concerns have been resolved. We then prepare the necessary legal arguments and gather the necessary supporting evidence to present an acceptable case, also to receive a comprehensive copy of the client’s file from USCIS, we submit a FOIA request. We do our best and take pride in our results. Our attorneys for adjustment of status 245(i) will help you achieve your American dream.
Despite things like working without authorization or failing to maintain your legal status, INA 245(i) of the Immigration and Nationality Act allows you to still apply for an adjustment of status and eventually become a lawful permanent resident of the United States. You must have been "inspected and admitted or paroled" in order to qualify for a green card from within the United States. Essentially, this means that a valid visa or parole paperwork was required to enter the United States through a port of entry. If not, you cannot change your status in order to obtain a green card.
If you overstayed your visa or worked in the country without authorization, you are also ineligible to apply for a green card through adjustment of status: you cannot submit an application. People who are normally ineligible for or prohibited from receiving a green card due to the aforementioned reasons may change their status to that of a permanent residence under INA 245(i).
The Legal Immigrant and Family Equity Act (LIFE) helps the growing number of immigrants seeking a better life in the United States. This law was intended to make it possible for immigrants who entered the country before December 21, 2000, to change their status.
The LIFE Act also let some family members live lawfully in the nation while their applications for adjustment were being processed.
The LIFE Act offered individuals impacted with immediate relief and laid the groundwork for the Section 245(i) adjustment of status. The scheme permitted adjustment petitions to be submitted even if the applicant was considered ineligible due to overstaying, working without authorization, or possessing falsified documentation. This prevented applicants from having to leave the country, which would have compromised their ability to return lawfully for several years, in order to pay a fee and apply for an adjustment of status.
Under INA 245(i), you might be qualified to receive a green card and change your status in the following situations:
- On December 21, 2000, you were actually in the country
- For your benefit, a legitimate immigration petition (Form I-130 or I-140) or work certification (Form ETA-750) has been submitted
- Your petition was filed between January 15, 1998, and April 30, 2001
- Your petition was "approvable at filing" and legitimate, and
- You must be granted an immigrant visa right away.
In the following cases, your petition would be "approvable when filed":
- Was properly filed – meaning you signed the petition, you submitted the appropriate filing fee, and you filed it before April 30, 2001
- Was “meritorious in fact, “meaning you qualified for the benefit you applied for at the time you filed the petition, and
- Was “non-frivolous,” meaning the application was earnest and had a purpose
We Provide Sound Legal Guidance on An Array of Immigration Issues
The experts at the Law Offices of Hussain & Gutierrez are dedicated to assisting qualified immigrants take advantage of the program and recognize the significance of the adjustment of status under Section 245(i). Our skilled lawyers for adjustment of status have a wealth of knowledge and pave the way for the application process’ correctness and effectiveness.
We have a group of skilled lawyers who can assist you in determining whether you meet the requirements for an adjustment of status under Section 245 of the Immigration and Nationality Act. For legal support from immigration attorneys with a proven track record of success, contact our law office right away. Schedule a consultation and get started on your legal adjustment.
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Following the approval of their immigration petitions, certain aliens who are ineligible, entered the country uninspected, or violated the terms of their non-immigrant visa may seek for adjustment of status under the new 245(i) amendment.
The following qualify for an adjustment of status in the USA:
- Physically present in the United States on December 21, 2000
- Filed an immigration petition or labor certification application on or before April 30, 2001
- Approval of the immigration petition or labor certification application at the time of filing.
Even if an alien entered the country without being examined, while out of status, or in violation of the conditions of his or her non-immigrant status, 245(i) will nonetheless permit the foreigner to petition for adjustment of status.
No. A person cannot use 245(i) to remove the restriction on status adjustment if they have been given a removal order from the United States. Furthermore, the 245(i) does not shield the immigrant from removal if removal is later ordered.
For family-based applications, the period for status adjustments typically ranges from 8 to 14 months (and often longer for other application types). However, the fundamental benefit of changing status is that the prospective immigrant can stay in the country with family while the procedure is being completed.
