What does it mean to be protected under 245 I?

  •  Enacted in 1994, individuals who wanted to get a Green Card through work but were here illegally, individuals who were married to a Green Card holder and wanted to apply for a Green Card with a spouse that was not eligible for citizenship or never could get citizenship, if they were covered under 245(i), were eligible to adjust status in the United States.
  •  That law ended April 30, 2001.
  •  If you filed a family-based petition or a labor certification petition before 1998, then all you would have to do was pay the penalty. If it was filed between January 14, 1998 and April 30, 2001, you would have to pay the penalty and demonstrate that you were “physically present” in the United States on December 21, 2000.
  •  If you are in a family-based category that was legal then you are going to be covered under 245(i), if it was filed prior to April 30, 2001.
  •  If it is a family-based petition and it was denied because they didn’t believe the marriage was real, they will question whether or not that was a valid application and you may not be covered under 245(i).
  •  You also can use 245(i) if you filed an application through employment prior to April 30, 2001 and can prove it was a legitimate job offer or opportunity.
  • You are eligible to use legitimate filings before April 30, 2001 and still be covered under 245(i).
  •  If your parents were grandfathered under 245(i) and you were eligible as a child, you still might be covered under 245(i).
  • If you were married to somebody who was covered under 245(i), even if you were divorced, you also would be covered under 245(i).