Who Benefits from the Amendment to INA Section 245(i)?

The 245(i) Amendment benefits aliens who were present in the U.S. on December 21, 2000, who are out of status, entered the U.S. without inspection, or have violated the terms of their non-immigrant visa. It removes some of the road blocks to the adjustment of status application and thus offers them an opportunity to apply for a green card.

The new 245(i) provisions also benefit aliens who are in status now and were present in the U.S. on December 21, 2000. If an alien was physically present in the U.S. on Dec. 21, 2000 and is the beneficiary of an immigration petition or labor certification application filed on or before April 30, 2001, he will be eligible to take advantage of Section 245(i), even if he falls out of status in the future.