245(i) Amendment allows some aliens who are out of status, entered the U.S. without inspection, or violated the terms of their non-immigrant visa to apply for adjustment of status after their immigration petitions are approved.
In order to qualify for adjustment of status under Section 245(i), an alien who entered with or without inspection or who has accumulated more than 6 months or 1 year of unlawful residence unlawful residence may remain in the United States and seek adjustment of status, if they qualify under the conditions below:
- They were the beneficiary of a green card or labor certification petition filed on or before April 30, 2001;
- They have resided in the US continuously since after filing said application;
- They are the present beneficiary of a green card petition as an immediate relative or other basis with a visa number presently available; and
- They complete and file the I-485a (supplement) with the additional fee of $1,000.
Those illegal entrants who have never in the past been the beneficiary of a green card or labor certification petition do not qualify for adjustment of status under section 245(i). Those who entered with inspection but overstayed by 6 months or more may file for adjustment of status if they qualify and apply as an immediate relative of a US citizen.
The USCIS issued a 245i memorandum summarizing the requirements to qualify for this benefit.