There are different ways to get a Green Card or be eligible for one. In most cases, you need to request a green card through form I-485 for Adjustment of Status. There are many eligibility conditions through which you could apply to get a green card. It could be a VAWA, an Asylum, or maybe a simple petition from a U.S. Citizen or resident for a close family member. Another category of eligibility would be to apply for adjustment of status with Section 245(i) of the Immigration Nationality Act (INA).
Section 245(i) of the INA is a provision that allows certain individuals who are in the United States without legal status to apply for adjustment of status despite certain immigration violations or issues that would otherwise make them ineligible.
To be eligible for a Green Card with Section 245(i) you may need:
Previous Visa Petition or Labor Certification: The applicant must have approval for an immigrant visa petition (e.g., I-130, I-140, or I-360) or labor certification filed on their behalf on or before April 30, 2001.
Presence in the U.S. on December 21, 2000: The applicant must have been physically present in the United States on December 21, 2000, before the visa petition or labor certification was filed.
Eligible Family Relationship: If a visa petition was filed, the applicant must be an immediate relative (spouse, child, or parent) of the petitioner. If the petition was filed for an employment-based immigrant visa, the applicant must be the beneficiary of the petition.
Maintained Continuous Physical Presence: The applicant must have maintained continuous physical presence in the U.S. from December 21, 2000, until the time they file the adjustment of status application.
Eligibility for Adjustment of Status: The applicant must meet all other eligibility requirements for adjustment of status, including not being inadmissible based on certain grounds, such as criminal activity or fraud.
Payment of Penalty Fee: A penalty fee must be paid in addition to the standard adjustment of status application fees.
Immigration laws and regulations can change and it is important to consult with an expert immigration attorney in this type of case. Get an accurate and personal plan of action for your process!
