An Introduction and How You May Be Able to Benefit – Part 1Section 245(i), a provision of the Legal Immigration Family Equity (LIFE) Act. This provision allows an individual to become a legal permanent resident without leaving the United States. This happens through an adjustment of status.In most cases, people who entered the U.S. illegally, who have been unlawfully employed in the U.S., or did not maintain lawful status while in the U.S. cannot adjust their status and remain in the country at the same time.
About the Section 245(i) Provision.
When the law was introduced in 1994, it was to help people who would have qualified for a green card adjust their status after they paid a fine — which is currently $1,000.
In 1998, Congress decided to get rid of the 245(i) provision from the law. Anyone who qualified for the provision before Jan. 14, 1998, was allowed to continue to benefit from the provision. This group of people was grandfathered in.
However, there were many people who would have qualified, but they missed the deadline. These individuals could not adjust their status while in the U.S. and cannot return to their home country as part of the green card process. If they do return home, they may face a three-year or 10-year ban from returning to the U.S.
Not all was lost for these people. In 2000, Congress extended the grandfather date from Jan. 14, 1998, to April 30, 2001.
This change extended benefits to those who had previously missed the cut-off date. In the coming months, we will explore the Section 245(i) provision in greater depth, including a look at how you may qualify.
The best way to determine your eligibility is to contact Belmonte Law Firm. We can schedule a free consultation with an immigration attorney to discuss your situation and figure out your next steps.