What Is Section 245(i) of the Immigration & Nationality Act?
By Katherine at Legal Language
Posted on 01/03/2011
In Immigration
Many immigrants who would have been forced to leave the United States were allowed to stay under Section 245(i) of the Immigration and Nationality Act.
How does Section 245(i) work, and does it still apply to immigrants in the United States today?
An Explanation of Section 245(i)
Section 245(i) of the Immigration and Nationality Act allows certain foreign nationals to become permanent residents of the United States.
Immigrants are barred from adjusting their status if they entered the United States without first being inspected by a Customs and Border Patrol officer and if they have either failed to maintain lawful status or been unlawfully employed in the country. Section 245(i) was first added to the law in 1994 to allow persons who qualifed for green cards, but not for adjustment of status, to be able to adjust their status in the United States upon payment of a $1,000 fine.
Four years later, on Jan. 14, 1998, Congress phased Section 245(i) out of the law. Immigrants and their families who had already begun the process of changing their status under Section 245(i) as of that date were grandfathered into the section’s benefits.
However, this left thousands of otherwise qualified persons who had not begun the process unable to adjust status in the United States. They could not return to their countries to begin the legal process of obtaining US green cards without being subject to either a three- or a 10-year bar upon returning to the United States.
On Dec. 21, 2000, Congress extended the qualifying date for Section 245(i) benefits to April 30, 2001. This law, known as the LIFE Act, allowed immigrants who had labor certifications or visa petitions filed on their behalf between 1998 and April 30, 2001, to qualify for adjustment of status.
Eligibility for Adjustment of Status Under Section 245(i)
The following are groups of immigrants who are allowed to apply for adjustment of status due to Section 245(i):
- Immigrants who entered the United States illegally or without inspection
- Immigrants who have fallen out of valid nonimmigrant status or who have committed visa violations while in status
- Immigrants who worked while not authorized to do so
- Crew members who entered the United States with a D visa
- Immigrants admitted in transit without a visa
- Immigrants admitted via the Visa Waiver Program
Even though Section 245(i) seems lenient, there are several groups of immigrants who are ineligible for adjustment of status:
- Stowaways
- Immigrant fiancé(e)s admitted on a K visa who failed to marry the petitioning US citizen within 90 days after arrival
- Immigrants subject to the J-1 two-year home residency requirement
- Immigrants who have failed to appear at a scheduled deportation hearing or asylum interview, or who have failed to follow a deportation order or grant of voluntary departure
- Immigrants seeking adjustment of status based on a marriage to a US citizen that was entered into while the person was in deportation proceedings, unless it can be shown that the marriage was entered into in good faith and not for immigration purposes
- Immigrants placed in removal proceedings upon their entry to the US
- Children in nonimmigrant status or seeking to adjust their status as orphans
- Immigrants acting as informants with S visas who have not received permission from the Attorney General to seek adjustment of status
- Immigrants who engaged in terrorist activities while in the US
Section 245(i) Still Valid
The deadline for Section 245(i) ended nearly a decade ago. However, immigrants who qualify for adjustment of status under the law — and their children and other dependents — still become permanent residents due to 245(i)’s provisions to this day.
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October 16th, 2011 at 9:46 pm
what if we were brought here since we were 1 year old and started school from elementary to middle school, to high school, and we are currently 18 year’s old right now and we have not been marked legal or such thing’s and we are still considered illegal, do we have to go back to our home state due to the illegal entrance as toddlers?
October 17th, 2011 at 10:34 am
Ernesto, you may want to speak to an attorney to find out what your options are.
October 27th, 2011 at 7:03 pm
my father submited the the 245i through the i130 on May 29 2001 a month after the dead line of april 30 2001. Does this this petition be any good even if its a month late?…
October 28th, 2011 at 3:24 pm
Giovanni, you should check with USCIS to find out the status. Good luck!
January 10th, 2012 at 6:38 pm
I been marryed to my wife since may 20, 20010 and we have a 1 year old daughter. We went to talk to an immigration assistant and they told us that since she came elegallly, and wasnt included in a paper work she can do anything untill they change the law. She’s 22 years old and she’s been leaving in the u.s since the year 1999. I want to know if we can do anything else to get her green card?
January 11th, 2012 at 12:44 pm
Christopher, if you have questions about what the immigration assistant told you, you may want to consider speaking to another immigration professional for a second opinion. Good luck!
January 17th, 2012 at 3:02 pm
i applied for 245i in 2000. i’m going to apply for religious worker (i 360 ). i 360 requires that i have two years of authorized work experience. I have been working full time with full time salary and have filed 1099 every year, but it was of course unauthorized. can my 245i overcome that stipulation?
January 18th, 2012 at 6:50 pm
Phil, please speak with USCIS or another immigration professional who knows the details of your circumstances. Best of luck.
January 20th, 2012 at 11:09 pm
When would be the best time for someone to proceed i245 with the immigration process?or when will be approved it?
January 23rd, 2012 at 4:32 pm
Antonio, please ask someone familiar with the specifics of your circumstances for the best answer!
March 7th, 2012 at 3:35 pm
My older brother applied for the 245i before the deadline a decade ago. He has been to numerous attorneys yet he hasn’t received a concrete answer. We are afraid of his situation. Who do you recommend we should speak to?
April 11th, 2012 at 3:13 am
My father had a labor case that qualified for the 245i. I was a minor at the time and he says I was included. I’m now 24 and married to a u.s citizen and have an approved I-130 and I’d like to know how I can get a copy of the 245i letter that states that I’m protected and don’t have to go to Juarez to adjust my status.
May 11th, 2012 at 1:48 am
Obama, so what happened with you trying to keep families together? Don’t you think this law will help? If you want us to vote for you show us that you care and take care of this before a presidential election.
July 28th, 2012 at 3:29 pm
Can u still apply for a i245 ?…
July 30th, 2012 at 12:51 pm
Billy, please check with USCIS to find out your eligibility.
August 21st, 2012 at 11:44 am
billy, yes.
August 26th, 2012 at 11:37 pm
My wifey is 23 years old she came since she was one year old ..are they going to send her back to mexico?if I try to fix her papers
August 27th, 2012 at 4:28 pm
Franklin, we cannot provide immigration advice online. Please speak to an immigration professional about your wife’s specific circumstances. Good luck.
August 29th, 2012 at 2:15 pm
i was deported……but am married to a u.s citizen… and have 4 u.s childrens..i was incarcerated for 2 years.. now am in mexico, and would like to know if i qualify for any law so i can obtain a green card. i have my 245 i approved.. what can i do in this case???
August 31st, 2012 at 5:59 pm
Edgar, Legal Language cannot provide immigration advice online. Good luck with your case.
September 19th, 2012 at 8:04 pm
I became a citizen 3 years ago, and i’m trying to get my husband situation fix, he was forced to take voluntary deportation about 10 years but he never left the country. He got scared. Its been almost 7 years since i submitted paperwork claiming and petitioning his status, up to this moment, we are still waiting for an appeal to his case.Our lawyer has submitted the petition to reopen his case, and no improvement has been done. obviosly, the form I245, he does not have it. what do we do, and what do you suggest. As a citizen, i feel that my rights are not being taken seriously. I’m a homeowner, pay taxes every year and a civilian that follows the rules of this country. I’m just asking for hope, for my husband to get his life back, and not be one more ghost in this country. He is a civilian, and great father, pays taxes, and follows the norms of this country, its unfair that he got a voluntary deportation just because the judge felt that he did not have any stablished life here in CA, but what about his concerns of going back to a country of war and crime like El salvador where his life will have no meaning, than to possibly fall into criminal hands, Did anybody care about this?
September 30th, 2012 at 7:40 pm
i am going through this process at the moment, it’s very scary because we went with no lawyer. I have submitted everything they have asked for and now i am stuck with an RFE: Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form I-797, Notice of Action for Form I-130, I-140, or I-360. The only thing i have to show them is a Notice of Action Form i have from 2001 when my dad filed for me which i have sent already but are they requesting that form again? My sister and mom got approved on theirs a couple years ago so can i send them proof that i should be eligible because theirs got approved? any advice?
October 11th, 2012 at 12:47 pm
i have been here since 1979 but my father complicated things so that we did not get amnesty. can i use this to get a green card.
October 13th, 2012 at 1:47 am
How is Section 245(i) Still Valid in 2012? Please explain…
November 7th, 2012 at 10:31 pm
Hi, I wanted to see if I can help my father get a green card or visa. He is here in the U.S illegally since 1980, I am a U.S Citizen male, born in the U.S. I am 24 years old. I wanted to get married in December 2012 and one previous lawyer said it would affect my dads case if I was married? Is that true? Sounds strange. If true so I can hold off on that.Will it really affect him? Thank you
January 8th, 2013 at 9:22 pm
My husband’s temporary residents under 245A expired 12 years ago. What does he have to do to renew?
January 9th, 2013 at 11:54 am
Hi Josie,
Since every situation is different Legal Language cannot offer immigration advice online. Please speak to an immigration professional about your husband’s options.
Thanks,
Kaytie at Legal Language
February 23rd, 2013 at 1:01 am
HI, an I-130 for my dad was submitted and approved under section 245(i), my mother and I were both mentioned to in the I-130 to follow and join him as beneficiary derivative. He had to wait for a visa to be available. My brother (US Citizen) petitioned for my dad and requested to grandfather my dad’s original i-130 that has a priority date of 2001. My question is, if my father gets granted the visa which my brother makes automatically available, do the beneficiary derivatives mentioned in the 2001 petition lose the “follow to join the priciple beneficiary” previledge to recieve LPR status after the prinical beneficiary recieves LPR status?
February 25th, 2013 at 6:04 pm
Hi Jay,
Thanks for reading. However, as every situation differs (and the law can get very tricky!) Legal Language cannot give legal advice online. We suggest you contact USCIS or an immigration attorney.
Good Luck!
Kaytie at Legal Language
April 6th, 2013 at 4:47 pm
attention to those who have filled i130 before deadline and have been approved and u are approved to change of status u dont need to file i-245 for those who are not eligible to change status at this time will need to wait for month of ur deadline to qualify for a visa or file 245i to qualify for status change and if u overstayed ur visa u be fined 1,ooo dollars to stay in usa