245(k)

Section 245(k) of the Immigration and Nationality Act (INA) allows certain non-immigrant visa holders to adjust their status to that of a lawful permanent resident (LPR), also known as obtaining a green card, even if they are not eligible to do so under the normal requirements of INA 245(a). In order to be eligible for adjustment of status under section 245(k), the individual must meet the following requirements:

1. The individual must currently be in the United States in a non-immigrant status.

2. The individual must have continuously maintained a lawful status since their last entry into the United States.

3. The individual must not have been employed without authorization for more than 180 days.

4. The individual must be the beneficiary of an immigrant petition or labor certification that was filed on or before April 30, 2001, or must have been the spouse or child of a beneficiary of such a petition or certification.

It is important to note that section 245(k) is only available to a limited number of non-immigrant visa categories, including the H, L, O, P, and Q visas. It is not available to individuals in the F, J, or M visa categories, or to individuals who entered the United States without inspection.

Adjustment of status under section 245(k) is a useful option for non-immigrant visa holders who are unable to adjust their status through the normal process due to certain disqualifying factors, such as having worked without authorization or being inadmissible due to a criminal conviction. However, it is important to carefully consider all of the options and potential consequences before applying for adjustment of status under this provision. It is highly recommended to seek the advice of an experienced immigration attorney before making any decisions about adjusting your immigration status.