HOW TO GET A GREEN CARD USING
SECTION 245i

This page teaches you how to get your get your green card without leaving the United States even if you entered the U.S. unlawfully or overstayed your visa.

Section 245(i) of the Immigration and Nationality Act allows certain foreign-born persons to “adjust their status” to permanent residence without leaving the U.S.  Instead of returning to their country to apply for a green card, they pay a $1,000 fine and get their green card in the U.S.

In general, they (or their parents while they were a minor) must have had a relative or an employer file a visa petition (forms I-130 and I-140) or a labor certification on the their behalf on or before April 30, 2001.  If the visa petition or labor certification was filed between January 15, 1998 and April 30, 2001, there is an additional requirement that they be present in the U.S. on December 21, 2000, the day the final extension of section 245(i) was signed into law.

We hope that the following materials will assist you in determining whether you qualify for a green card using section 245(i):


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