To be eligible for a green card, a person must have last come to the United States with a valid parole document or visa. For those w
Adjustment of status under section 245(i) is an alternate way to gain permanent residence for eligible immigrants who reside within the United States, but entered the US without inspection. 245(i) also applies to those who originally came to the United States with a visa, but fell out of status and are the spouse of a permanent resident. If the person was a beneficiary of a labor certification or visa petition prior to May 2001, they can get a green card through 245i by paying a fine and providing additional documentation. The entire process can be completed while they remain in the United States, and does not require consular processing in their home country.
To be eligible for adjustment of status under 245i, you must have last
Once your are eligible for 245i, you cannot lose eligibility. This includes:
Eligibility
An individual may qualify for adjustment of status under 245(i) if they had a visa petition or a labor certification filed on their behalf by a relative or employer on or before April 30, 2001. The visa petitions include I-130, I-140, I-360, and I-526. The labor certification must have been ETA Form 750 to qualify for 245i. These petitions must have been "approvable when filed", meaning it was correctly filed and was truthful based on circumstances at the time the petition was filed. The petition did not have to be approved by April 30, 2001, but it must have been filed by that date. To get proof of old petitions, the best way is to file a Freedom of Information Act (FOIA) request.