How One Client Secured Their Green Card Through 245(i) Without Starting Over
Maria thought her dream was over. She’d been living in the United States for fifteen years, married to a U.S. citizen, but there was one problem: she’d entered without inspection back in 2008. Her lawyer told her she’d need to leave the country and risk a ten-year bar. That’s when she learned about 245(i) adjustment—a lifeline she never knew existed.
If you’re facing a similar situation, you’re not alone. Thousands of people discover they have options they didn’t know about, and a 245(i) adjustment might be precisely what you need.
What Makes 245(i) Different (and Why It Matters)
Here’s the thing about 245(i): it’s not available to everyone, but for those who qualify, it’s a game-changer. This provision allows specific individuals to adjust their status to permanent resident without leaving the United States—even if they entered illegally, overstayed their visa, or worked without authorization.
Most people assume that any violation means they have to leave the country and start over. But 245(i) creates an exception for specific situations, provided you meet the requirements.
The catch? You must have been the beneficiary of a labor certification or immigrant petition filed on or before April 30, 2001. Plus, if that petition was filed between January 15, 1998, and April 30, 2001, you need to have been physically present in the U.S. on December 21, 2000.
Who Actually Qualifies (The Real Requirements)
Let’s break down the requirements without the legal jargon. You might be eligible for 245(i) adjustment if:
Someone filed an immigrant petition or labor certification for you by April 30, 2001. This could be a family member, employer, or even someone you’re no longer connected to. The key is that the petition was filed correctly before the deadline.
You can prove you were physically present in the United States on December 21, 2000, if your petition was filed during that specific window from January 1998 to April 2001. This means keeping old documents, photos, receipts—anything that shows you were here on that date.
You currently have an immigrant visa number available or an approved immediate relative petition. This is where things get interesting—you might qualify based on an old petition, but adjust status based on a current one.
Here’s what many people don’t realize: even if the original petitioner withdrew their petition or you’re no longer in that relationship, you might still qualify. The law protects your eligibility as long as the petition was properly filed before the deadline.
The Process That Actually Works
Filing for 245(i) adjustment isn’t like other immigration processes. You’re essentially asking the government to overlook certain violations in exchange for paying a penalty fee—currently $1,000 on top of regular filing fees.
The documentation requirements are extensive. You’ll need to prove your qualifying petition, demonstrate your physical presence if required, and show that you meet all current eligibility requirements for permanent residence.
Many people get stuck on the evidence part. What if you can’t find the old petition receipt? What if you don’t have documents proving you were here on December 21, 2000? These challenges aren’t insurmountable, but they require careful strategy and sometimes creative solutions.
Thinking about this for your situation? Let’s talk. We’ll walk you through your options—no pressure.
Common Mistakes That Derail Applications
One of the biggest mistakes people make is assuming they don’t qualify without thoroughly investigating their immigration history. Maybe a former employer filed something years ago that you forgot about. Perhaps a family member started a process that was never completed.
Another standard error is waiting too long to act. While 245(i) doesn’t have its own deadline, other factors in your case might be time-sensitive. Immigrant visa numbers have priority dates, family situations change, and immigration laws evolve.
Some people also underestimate the complexity of gathering evidence. Proving you were in the United States on a specific date twenty-plus years ago requires planning and persistence. Bank records, rental agreements, school enrollment, and medical records—all of these can help build your case.
What This Means for Your Family
The impact of 245(i) adjustment goes beyond just the individual applicant. When you can adjust status in the United States, you avoid family separation, maintain your work authorization, and continue building your life here while your case is being processed.
For families, this means children can stay in their schools, spouses can maintain their employment, and everyone avoids the uncertainty and expense of consular processing abroad. The peace of mind alone is invaluable.
At Tourzani & Long, LLC, we’ve seen how 245(i) adjustment transforms families. The relief on clients’ faces when they realize they have options—that’s why we do this work.
Understanding the Current Landscape
Immigration enforcement priorities continue shifting, but 245(i) adjustment remains a stable option for those who qualify. The law hasn’t changed significantly, which means if you were eligible before, you likely still are.
What has changed is the processing environment. USCIS scrutinizes applications more carefully, which makes thorough preparation even more critical. Half-prepared applications face delays and potential denials that could have been avoided.
The good news? For North Bergen, NJ residents and others in our area, local USCIS offices have experience with 245(i) cases. They understand the unique challenges and requirements, which can work in your favor when your case is prepared correctly.
Taking the Right Next Steps
If you think the 245(i) adjustment might apply to your situation, start by gathering any old immigration documents you have. Look for petition receipts, approval notices, or correspondence from employers or family members who might have filed something on your behalf.
Don’t assume you don’t qualify just because you can’t immediately find paperwork. Immigration records can be reconstructed, and sometimes the evidence you need exists in places you wouldn’t expect.
The most important thing is to get a thorough evaluation of your case. Every situation is unique, and what works for one person might not apply to another. But for those who do qualify, 245(i) adjustment offers a path forward that seemed impossible.
Ready to explore your options? Contact us today for straight answers and real solutions. Your situation might be more hopeful than you think, and finding out costs nothing but a conversation.