Understanding the eligibility criteria for Section 245(i) is an important first step. Here’s a breakdown of some key requirements to keep in mind:
Prior Immigrant Visa Petition or Labor Certification
For you to be eligible under Section 245(i), an immigrant visa petition or labor certification application must have been filed on your behalf before a specific deadline. This deadline typically falls on April 30, 2001.
The petition is usually submitted by a U.S. citizen or Lawful Permanent Resident (LPR) family member, such as a spouse, parent, or adult child. Alternatively, an employer seeking your qualified skills can also file a labor certification application on your behalf.
Physical Presence and Admissibility to the U.S.
In addition to the petition requirement, you must be physically present in the United States at the time you file your adjustment of status application (Form I-485). That means you must be residing in the U.S. when you apply.
Certain grounds of inadmissibility can prevent someone from obtaining a Green Card. Section 245(i) offers some exceptions for specific inadmissibility grounds, and these exceptions may be waivable in certain situations. A naturalization and citizenship lawyer in Phoenix can help you determine if you meet the admissibility requirements and explore any potential waivers that apply to your situation.
Application Fees
The U.S. Citizenship and Immigration Services (USCIS) charges fees for processing immigration applications, including Form I-485 for adjustment of status. You will need to pay the required fees when you submit your application package.
These are just general eligibility requirements, and Section 245(i) can involve more complex considerations depending on your individual circumstances. It’s highly recommended that you consult with an immigration lawyer to receive a personalized evaluation of your eligibility. They can review your situation in detail and determine if you meet the specific criteria for applying under Section 245(i).
