ADJUSTMENT OF STATUS 245i
Section 245(i) of the INA allows the applicant to obtain Lawful Permanent Residency through the Adjustment of Status process without having to leave the United States, even if the applicant violated, overstayed their status, or entered the United States unlawfully.
Eligibility under section 245(i) is as follows:
The applicant must have been the beneficiary or the derivative of a family-based petition (Form I-130), employer petition (Form I-140) or a Labor Certification, which was filed on or prior to April 30, 2001.
If the visa petition or labor certification was filed between January 15, 1998 and April 30, 2001, the applicant must prove that it was present in the United States on December 21, 2000.
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