245(I) AMENDMENT INFORMATION
What is 245(i) Amendment
On December 21, 2000, the President of the United States signed a bill entitled the LIFE Act into law.
A part of the LIFE Act is the amendment of Section 245(i) of the Immigration and Nationality Act. The original Section 245(i) was enacted in 1994 and allowed aliens who were out of status, entered the U.S. without inspection, or violated the terms of their non-immigrant status to file an adjustment of status if they were beneficiaries of immigration petitions or labor certification applications filed by January 14, 1998.
An alien who missed the 01/14/98 deadline could not adjust his/her status if he or she was out of status, entered the U.S. without inspection, or violated the terms of non-immigrant status. The LIFE Act amended Section 245(i) by extending the deadline to April 30, 2001.
Requirements of 245(i)
The New 245(i) Amendment allows some aliens who are out of status, who entered the U.S. without inspection, or who have violated the terms of their non-immigrant visa to apply for adjustment of status after their immigration petitions are approved. To be eligible to take advantage of 245(i), the person must meet the following requirements:
- Physically present in the United States on December 21, 2000;
- An immigration petition or a labor certificate application is filed for the benefit of the Alien on or before April 30, 2001;
- The immigration petition or the labor certification application must be approvable at the time of filing. (It means that the application is good on its face); and
- Paying a $1,000 penalty at the time of filing I-485.
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