Adjustment of Status Under Section 245(i)

Section 245(i) contains significant legal provisions for many immigrants seeking to adjust status in the United States. In effect, 245(i) waives certain inadmissibility bars for applicants adjusting their status in the United States. In other words, a person that entered the United States unlawfully may apply to adjust his or her status inside the United States to that of a lawful permanent resident upon the payment of $1,000 fine.

In order for a person to eligible under section 245(i), an immigrant visa petition must have been filed on his or her behalf before April 30, 2001. For example, suppose a U.S. citizen named Jose Martinez filed a family based immigrant petition (i.e. Form I-130, Petition for Alien Relative) for his brother, Antonio Martinez, on March 15, 2001. Antonio would be eligible to adjust his or her status in the United States because he has an immigrant petition filed on or before April 30, 2001. As soon as Antonio’s priority date becomes current, he may apply to adjust status to that of a legal permanent resident upon the payment of a $1,000 fine. Antonio’s wife and children may likewise apply within the United States.

A person remains “grandfathered” under section 245(i) indefinitely. It is important to note, however, that section 245(i) does not waive all grounds of inadmissibility. Thus, if Antonio departs the United States before adjusting his status, he may trigger a separate bar to admission—namely, the “unlawful presence” inadmissibility bar. Section 245(i) will not waive this inadmissibility bar.

Likewise, children and spouses remain grandfathered under Section (i)