Section 245(i) of the Immigration and Nationality Act (INA) is a provision that allows certain individuals who are present in the United States without legal status to apply for a green card (lawful permanent resident status) while remaining in the country. This provision allows individuals who may be otherwise ineligible for a green card due to their unauthorized presence in the United States to apply for one without having to return to their home country and face the risk of being barred from returning to the United States for several years.
To be eligible for a green card through 245(i), individuals must meet the following requirements:
They must have been present in the United States on December 21, 2000.
They must have been the beneficiary of a family or employment-based immigrant petition or labor certification that was filed on or before April 30, 2001.
They must have been physically present in the United States when the immigrant petition was filed.
They must have been in the United States when they applied for a green card through 245(i).
It is important to note that individuals who are eligible for 245(i) must still meet all other eligibility requirements for a green card, including having a clean criminal record and being admissible to the United States.
The 245(i) provision is not available to everyone, and it is important to consult with an immigration attorney to determine if you are eligible to apply for a green card through this provision.