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Legal Immigration and Family Equity Act (LIFE Act) - Extension of 245(i)

Reauthorizes Section 245(i) until April 30, 2001

What is it?:

Under the LIFE Act, the "grandfather" clause of Section 245(i) is extended from January 14, 1998 until April 30, 2001.

As a result, any beneficiary of an immigrant visa petition or labor certification application filed before April 30, 2001 will be able to apply for adjustment of status under Section 245(i) if necessary.

However, for any applications filed after January 14, 1998 (but before April 30, 2001) the applicant must prove they were physically present in the United States on the date of the enactment of the LIFE Act (December 21, 2000) in order to be eligible for Section 245(i) adjustment of status.

What does it mean?:

If have been in the U.S. since at least December 21 2000, and you entered the U.S. illegally (without a visa or visa waiver), and you apply for an Employer Sponsored Green Card through Labor Certification or a Green Card by Marriage to a U.S. Citizen by April 30th 2001, you will be able remain in the U.S. the entire time your Green Card is being processed. Your petition MUST be filed by April 30th 2001.

What if I entered the U.S. legally (with a visa or visa waiver) but I am out of status?:

If you are applying for a Green Card by Marriage to a U.S. Citizen, the extension of 245(i) does not apply to you. You will be able to adjust your status just like before.

If you are applying for an Employer Sponsored Green Card through Labor Certification, you should apply before April 30th 2001 so you do not have to leave the U.S. when you are applying for adjustment of status.

What if I entered the U.S. legally (with a visa or visa waiver) and I am in status?:

Then the extension of 245(i) does not apply to you.

Is there an extra fee involved:

Yes, during the adjustment of status phase the I-485a must be completed and a $1,000 fee must be paid to INS.