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Section 245(i) Adjustment of Status

Qualifying under Section 245(i) is another way one may adjust status if other avenues are not available.

Section 245(i) applies to individuals who have previously qualified for immigrant visas based on close family relationships or employment with U.S. employer. It permits an alien who now has an immigrant visa (I-130, I-140 or I-360) immediately available to them to adjust their status to that of permanent resident.

In order to adjust status under 245(i), you must:

  • Have been physically present in the United States on December 21, 2000;
  • Have an immigrant visa immediately available that was filed on or before April 30, 2001; and
  • Pay a $1,000 dollar fine (including any additional filing fees)

With family-based visa petitions, a family member must have filed an I-130 on your behalf, before April 30, 2001. These are the qualifying relationships:

  • The husband or wife of a United States citizen or lawful permanent resident;
  • The unmarried child (under age 21) of a United States citizen or lawful permanent resident;
  • The parent of a United States citizen;
  • The unmarried adult child of a United States citizen;
  • The married adult child of a United States citizen; or
  • The brother or sister of a United States citizen.

If you need more information on this or other immigration matters please contact the Carabin Shaw 800-862-1260 - toll free

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