Section 245(i) Adjustment of Status

One way you might qualify for adjustment of status to permanent residency is if you meet the requirements of Section 245(i) of the Immigration and Nationality Act.

Section 245(i) is only for people who are already qualified for immigrant visas, based on a close family relationship or an offer of employment from a United States employer. It allows a person who has an immediately available immigrant visa (Form I-130, Form I-140, or Form I-360) to apply for adjustment of status to permanent residency.

To be eligible for adjustment of status under Section 245(i), you must:

• Have been physically present in the United States on December 21, 2000 (there is no requirement that you have been in the United States since that date);
• Have an immediately available immigrant visa that was filed on or before April 30, 2001; and
• Pay a $1,000 dollar fine (plus, any fees related to your adjustment application).

If your adjustment application is based on a family-based visa petition, your family member must have filed a Form I-130, Petition for Alien Relative, on or before April 30, 2001. This means that you must have been the:

• 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 your adjustment application is based on an employer-based visa petition, an employer must have filed Form ETA-750, Application for Alien Certification, on or before April 30, 2001.

You may be eligible to adjust your status to permanent residency under Section 245(i) even if you:

• Entered the United States without a proper visa
• Have fallen out of valid nonimmigrant status or have violated the terms of your status
• Are a crewmember who entered the United States with a D visa
• Entered the United States under a Transit Without Visa program
• Entered the United States under the Visa Waiver Pilot Program

Spouses and children qualify for adjustment of status to permanent residency if their spouse or parent qualifies to adjust status under Section 245(i).

Qualifying for adjustment of status under Section 245(i) does not give you immigrant status. You must file Form I-485, Application to Register Permanent Residence or Adjust Status, along with Supplement A to Form I-485, Adjustment of Status Under Section 245(i). If your adjustment of status application is approved, you will have permanent resident status.