What Is the Immigration and Nationality Act Section 245(i)?

You may wonder what the Immigration and Nationality Act Section 245(i) is, especially if you’re seeking a pathway to lawful permanent residence (Green Card). Section 245(i) of the Immigration and Nationality Act (INA) offers a potential path for certain undocumented immigrants to adjust their status without leaving the U.S.

This section can be a beacon of hope for those who have established lives in the U.S. but lack legal immigration documentation. While eligibility requirements can be specific, understanding Section 245(i) is a crucial first step for many undocumented immigrants seeking lawful status. Remember, a Phoenix immigration lawyer can answer all your questions in detail.

Immigration and Nationality Act(INA) Section 245(i) – Explained by an Immigration Attorney

The U.S. immigration system can feel overwhelming, especially for undocumented immigrants facing an uncertain future. Section 245(i) of the Immigration and Nationality Act (INA) can offer a glimmer of hope. This provision allows certain undocumented immigrants to apply for a Green Card from within the U.S., without the need to depart the country.

We understand that navigating immigration law can be stressful. A Phoenix naturalization immigration attorney can explain Section 245(i) in detail and answer your questions compassionately and professionally. Here’s a basic overview to get you started:

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What Are Immigration and Nationality Act Section 245(i) Eligibility Requirements?

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).

Undocumented Presence and Immigration and Nationality Act(INA) Section 245(i)

One of the significant features of Section 245(i) is that it allows certain undocumented immigrants to apply for a Green Card from within the U.S., without needing to leave the country. That applies even if you have accrued unlawful presence over time, meaning you may have been residing in the U.S. without legal authorization for a certain period.

However, it’s important to understand that there may be exceptions and limitations depending on the specifics of your situation. For instance, certain lengths of unlawful presence can trigger additional bars to adjustment of status. A Phoenix waiver of inadmissibility lawyer can assess your individual case and advise you on whether any exemptions or waivers might apply to your situation.

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Potential Benefits of Immigration and Nationality Act Section 245(i)

If you are fortunate enough to be approved for adjustment of status under Section 245(i), you’ll gain lawful permanent resident status, also known as obtaining a Green Card. This unlocks a range of opportunities and benefits, including:

• Authorization to Work Legally: As a Green Card holder, you are authorized to work legally in the U.S. without restrictions. That allows you to pursue employment opportunities freely and contribute to the U.S. workforce.
• Pathway to U.S. Citizenship: After meeting the residency requirements, you’ll become eligible to apply for U.S. citizenship. This path allows you to become a fully naturalized U.S. citizen with all the rights and privileges associated with citizenship.
• Potential Eligibility for Government Benefits: Green Card holders may be eligible for certain government benefits, such as Social Security and Medicare (after meeting eligibility requirements). An immigration attorney can advise you on which benefits you might be eligible for based on your specific circumstances.
• Travel with Advance Parole (in Certain Situations): In some cases, you can apply for advance parole, which is a travel document that allows you to travel outside the U.S. and return legally while your adjustment of status application is pending. An immigration attorney can help you determine if advance parole is a possibility for you.

Remember, this is just a general overview. Consulting with an immigration lawyer is crucial to understanding your eligibility and the full range of potential benefits associated with Section 245(i).

An Immigration Lawyer Can Answer Your Questions About the Immigration and Nationality Act Section 245(i)

Immigration law can be complicated, and Section 245(i) is no exception. An experienced immigration lawyer can provide valuable guidance and answer your questions about eligibility, application procedures, potential challenges, and your rights throughout the process. They can also represent you before USCIS (U.S. Citizenship and Immigration Services) and ensure your application is complete and filed correctly.

New Frontier has a track record of helping people overcome immigration challenges for decades, and you can read all the testimonials from our past clients. We can answer all your questions about the Immigration and Nationality Act Section 245(i), and help you determine if it’s the right path for you.