Section 245(i) Eligibility

Section 245(i) Eligibility

Section 245(i) of the Immigration and Nationality Act allows the beneficiary of an immigrant petition to apply for adjustment of status in the U.S., without having to exit despite the applicant’s visa violation, as long as the beneficiary meets either one of the following conditions: (a) an approvable visa petition was filed on behalf of the beneficiary on or before January 14, 1998, or (b) an approvable petition was filed on behalf of the beneficiary on or before April 30, 2001 and the beneficiary can prove physical presence as of December 21, 2000, AND the beneficiary pays the penalty of $1,000. A beneficiary who is grandfathered under Section 245(i) may still qualify for adjustment of status even though the ultimate basis is a petition that was filed after April 30, 2001. The beneficiary must meet all the admissibility requirements to become a lawful permanent resident.