Green Card Through INA 245(i) Adjustment: Navigating the Legal Pathway

Explore the intricacies of obtaining a Green Card through INA 245(i) Adjustment. KC Immigration Lawyers guide you through eligibility, application procedures, and key insights for a successful process.

2014 Avvo Clients Choice Award
2020 Avvo Client Choice Award
2016 Avvo Clients Choice Immigration Award 222
2016 Avvo Clients Choice Immigration Award 2

Overview of INA 245(i) Adjustment

The Immigration and Nationality Act (INA), through Section 245(i), has afforded a path to adjusting the status of individuals in the United States who may otherwise not be eligible to become lawful permanent residents. Under certain circumstances, individuals without a lawful entry or who have violated the terms of their admission can apply to adjust their status without leaving the United States.

The provision was originally enacted by Congress but later extended through the Legal Immigration Family Equity (LIFE) Act. This legislative action acknowledges the complexities of immigration situations, allowing qualifying immigrants to seek an immigrant visa and adjust their status to that of a permanent resident.

Applicants must be beneficiaries of a visa petition or labor certification filed before April 30, 2001, to be eligible for adjustment. The LIFE Act also imposes a fee, over and above regular adjustment application fees, which serves as a penalty for the applicant’s failure to maintain continuously lawful status.

At KC Immigration Lawyers, we understand the intricacies of family-based immigration pathways. Our clients come to us seeking guidance to navigate the complexity of laws like 245(i) with clarity and confidence. We break down the legal jargon so you understand your options, are transparent about the strength of your case, and tackle the challenges to relieve the anxiety you may feel.

We’re here for you, diligently working to remain your trusted partner throughout the journey to secure your place in the United States. Our team is equipped with ample experience to handle your case with the dedication and thoroughness it deserves. Let us guide you through the adjustment process under INA 245(i) toward gaining your green card.

Understanding INA 245(i) Adjustment

At KC Immigration Lawyers, we understand that navigating the path to obtaining lawful permanent residency in the United States can be complex and overwhelming, especially under provisions like INA 245(i). This unique element of immigration law allows certain individuals who are physically present in the U.S. but entered without inspection or overstayed their visas to apply for a green card (lawful permanent resident status) without leaving the country, provided they pay a $1,000 fee and meet other requirements.

INA 245 (i) Eligibility Criteria 

To qualify for status adjustment under INA 245(i), individuals must have an immigrant visa promptly available to them, whether through a family-based immigrant visa or an employment-based immigrant visa. They must also be beneficiaries of a labor certification or immigrant petition filed on or before April 30, 2001. The applicant’s presence in the U.S. must date back to before December 21, 2000, if the petition was filed between January 15, 1998, and April 30, 2001. This is a crucial point of relief for individuals without lawful status.

If, as an applicant, you are married or have children, your spouse and child may also benefit from this provision as derivative beneficiaries. The importance of a favorable exercise of discretion by USCIS under this provision cannot be overstated, as it may waive the ten-year bar typically imposed on individuals who have accrued unlawful presence.

Application Process

The process involves delicate paperwork, including the abovementioned form and the standard Form I-485. Both forms are accompanied by the appropriate filing fees. Every step is carefully and precisely planned, ensuring that all eligible clients understand their options and submit thorough applications.

In our practice, we’ve assisted clients with Form I-485, Supplement A, specifically tailored for those seeking adjustment under section 245(i). We understand the complexity of immigration matters and strive to alleviate our clients’ anxiety throughout the process.

Rest assured, our dedicated team is committed to guiding you through every stage of your legalization journey. From the initial paperwork to the moment you achieve permanent lawful status and residency, we’re here to support you every step of the way.

Common Challenges and Solutions

Many of our clients face challenges when applying for a green card through an adjustment of status under INA 245(i). We at KC Immigration Lawyers take pride in guiding you through these obstacles with clarity and support.

Navigating Complex Petitions

 The intricacies of I-130 (Petition for Alien Relative) and I-140 (Immigrant Petition for Alien Workers) often overwhelm applicants. Our method entails a thorough review to ensure every detail aligns with immigration law requirements, thereby minimizing the risk of denial.

Understanding ‘Unlawful Presence’ Unlawful presence can severely impact the possibility of adjustment under INA 245(i). If you are concerned about the implications of your time spent in the U.S. without legal, due status under section 245, let us clarify your position and derive a strategy that may include applying for a waiver or other forms of relief.

Filing Deadlines

The filing deadline associated with INA 245(i) adjustment can be a stumbling block for many applicants. Understanding the critical nature of these deadlines, we employ a rigorous organizational system to ensure your application is filed promptly.

Admissibility Issues

Some applicants face admissibility challenges, encompassing factors like prior deportation or removal proceedings. Our attorneys are adept at handling these intricate issues, often seeking waivers of inadmissibility where applicable to facilitate the path to lawful permanent resident status.

Managing Family Applications

For those with family members who qualify as derivative beneficiaries, we navigate the process to include them in your petition. Our family-centered approach aims to keep loved ones together whenever possible.

At KC Immigration Lawyers, we firmly believe in the power of honest, clear communication. Trust us to guide you meticulously through the process toward achieving your American dream of citizenship or lawful permanent residency.

Preparing for Your Application

When taking the first steps toward adjusting your status to that of a lawful permanent resident under INA 245(i), organization and meticulous attention to detail are paramount. We at KC Immigration Lawyers understand the complexities involved in preparing your application. Hence, we have outlined key steps to guide you through the process.

Documentation and Evidence

Proper documentation is essential for a successful application. Ensure you gather all necessary materials:

  • Affidavit of Support: Confirming the financial support available for the applicant.

  • Form I-485, Application to Register Permanent Residence or Adjust Status: For the applicant adjusting their status under INA 245(i).

  • Petitions: such as Form I-130 for family-based applications or Form I-140 for certain kinds of workers.

  • Labor Certification: if applicable, in the form of a certified ETA-750.

  • Medical Examination: results, which must be documented on Form I-693.

  • Form I-944, Declaration of Self-Sufficiency: to demonstrate financial sustainability.

Remember, all principal beneficiaries must be admissible to the U.S.

Tips for a Successful Application

We’ve cultivated nuanced insights to streamline your application:

  • Complete and Error-Free: Fill out forms carefully, without leaving any blanks unless instructed.

  • Timely Responses: Respond swiftly and accurately if you receive requests for additional evidence.

  • Consistent Information: Ensure all information matches across forms and documents to avoid delays.

  • Transparency: Openly discuss any concerns you might have regarding your application, especially related to any time spent without a lawful status or unauthorized work.

If a penalty fee applies to your situation, preparing the funds to cover the cost will be necessary.

As always, our team will stand with you throughout this journey, striving to alleviate your concerns and navigate the legal intricacies. If you are considering applying for a green card through INA 245(i) adjustment, know that we’re committed to offering clear and comprehensive support.

Contact KC Immigration Lawyers

At KC Immigration Lawyers, we are steadfast in our commitment to helping you navigate the complexity of the immigration process with ease and confidence. Our practice areas encompass a wide range of services, including assisting clients in achieving citizenship, securing green cards, facilitating K1 visas, and navigating family immigration matters.

Why Us?

  • Empathetic Communication: We ensure you understand your options clearly.

  • Honesty & Integrity: With us, there is no ambiguity—only clear, open conversations.

  • Dedicated Support: Our supportive team stands by your side every step of the way.

  • Painstaking Attention to Detail: We handle your case with the utmost precision and care.

When seeking to adjust your status to lawful permanent residence through the INA 245(i) Adjustment, having a capable immigration attorney is invaluable. This provision enables certain individuals to apply for adjustment of status to become a lawful permanent resident even if they would not typically qualify.

Please reach out to us at KC Immigration Lawyers for personalized immigration services and professional immigration assistance. Trust us to be your ally in your journey toward residency in the United States.