Immigration Petitions Filed Prior to or on April 30, 2001: How an Old Immigration Petition can Make it Easier to Apply for a Green Card
Did a family member or employer ever file an immigration petition or labor certificate on your behalf? If so, was it filed on or before April 30, 2001? This petition or labor certificate could help you file for a green card more easily.
INA § 245(i) allows people who would otherwise not qualify for adjustment of status to file after submitting an additional form, evidence and paying a
$1,000.00 fee. Adjustment of status means applying for a green card from within the United States, as opposed to leaving the United States to apply for a green card at the US Embassy in the applicant’s country of citizenship.
INA § 245(i) is very helpful because a qualified applicant can avoid consular processing, that is, traveling abroad to their country of citizenship and being interviewed at the US Embassy. The applicant would be allowed to avoid international travel and simply be interviewed by USCIS at the closest Field Office to their home in the United States.INA §245(i) is a very helpful tool for qualified applicants to apply for a green card in a more efficient and smooth manner. An immigration attorney can help you learn if INA § 245(i) applies in your case and if you qualify for adjustment of status.
Author: Cynthia
Cynthia A.B. Vivekanandam works in Columbus, Ohio as an Associate Attorney with Flecha Law. She has practiced a wide range of immigration law, including removal defense, asylum, special immigrant juvenile status, naturalization, adjustment of status, waivers of inadmissibility, motions to reopen, and appellate litigation to the Board of Immigration Appeals and Federal Courts of Appeals. She is a member of the Ohio Bar, the American Immigration Lawyers Association, and is admitted to practice with the United States Court of Appeals for the Sixth Circuit.