Legal Question in Immigration Law in Illinois

Re: Immigration

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It is my understanding that the 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. To be eligible, the person must have been physically present in the U.S. on December 21, 2000;

An immigration petition or a labor certification application has been filed for the benefit of the alien on or before April 30, 2001; and

The immigration petition or the labor certification application must be approvable at the time of filing. 245(i) will allow the alien to apply for adjustment of status even if the alien entered the U.S. without inspection, was out of status, or violated the terms of his of her non-immigrant status. The alien still needs to meet other requirements for adjustment of status to obtain a green card. The 245(i) only lifts three of the bars in the adjustment of status process. However, If a person has been ordered to be removed from the U.S., he or she cannot use 245(i) to lift the bar in adjustment of status. Also, if the alien is ordered to be removed in the future, the 245(i) does not protect the alien from removal.

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Good luck!