INA Section 245(i): Exploring Immigration Legislation

_{September 20, 2023 by JoyAnswer.org, Category : Immigration}

What is INA Section 245 i? Explore the provisions and implications of INA Section 245(i), a key aspect of U.S. immigration law.

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What is INA Section 245 i?

INA Section 245(i) refers to a provision in the Immigration and Nationality Act (INA), which is the U.S. federal law governing immigration and naturalization. Specifically, Section 245(i) is a part of the INA that allowed certain individuals who were otherwise ineligible to adjust their status to that of a lawful permanent resident (green card holder) while inside the United States. This provision was particularly important for individuals who had entered or remained in the United States without proper documentation or who had violated their immigration status.

Here are some key points about INA Section 245(i):

Eligibility: To benefit from Section 245(i), an individual typically had to meet certain criteria, including having a qualifying immigrant visa petition (family-based or employment-based) or labor certification application filed on their behalf before a specific deadline. In essence, Section 245(i) allowed individuals with pending or previously approved petitions to apply for adjustment of status even if they would have otherwise been ineligible due to their immigration status.
Filing Deadline: The key deadline for INA Section 245(i) was April 30, 2001. This means that the qualifying visa petition or labor certification had to be filed on or before this date for an individual to be eligible to benefit from Section 245(i). If a petition or labor certification was filed after this date, the individual would not qualify for Section 245(i) relief.
Payment of a Penalty Fee: Individuals applying for adjustment of status under Section 245(i) were required to pay a penalty fee in addition to the standard filing fees for the application. The penalty fee was intended to compensate for the individual's previous immigration violation or unlawful presence in the United States.
Benefits: Section 245(i) allowed eligible individuals to apply for adjustment of status without leaving the United States and without being subject to certain bars and penalties that would otherwise apply to those who had entered or remained in the country unlawfully.
Expiration: INA Section 245(i) was not a permanent provision but was enacted as part of immigration reform efforts at different times. It expired on April 30, 2001, and subsequent legislative efforts to extend or reinstate it were not successful.

It's important to note that immigration laws and policies can change, and new legislation or executive actions may impact eligibility for various immigration benefits. If you or someone you know is seeking immigration benefits or has questions about eligibility, it is advisable to consult with an immigration attorney or a reputable immigration organization for up-to-date and personalized guidance.

INA Section 245(i): Decoding Its Significance in Immigration Law

INA Section 245(i) is a provision of the Immigration and Nationality Act (INA) that allows certain undocumented immigrants to adjust their status to lawful permanent residents (LPRs) without leaving the United States. This provision was enacted in 1994 and was originally set to expire in 1997, but it has been extended several times and is currently in effect.

To be eligible for adjustment of status under INA Section 245(i), an individual must meet the following requirements:

They must have been physically present in the United States on December 21, 2000.
They must have been continuously present in the United States since December 21, 2000.
They must be admissible to the United States as an LPR, except for certain grounds of inadmissibility.
They must have paid a penalty fee.
They must have filed an application for adjustment of status under INA Section 245(i).

Legal Insights: Understanding INA Section 245(i) in Immigration Cases

INA Section 245(i) is a complex provision of immigration law, and there are a number of legal insights that can be helpful for individuals who are considering applying for adjustment of status under this provision.

One important legal insight is that INA Section 245(i) is a discretionary benefit. This means that the United States Citizenship and Immigration Services (USCIS) has the discretion to approve or deny applications for adjustment of status under this provision.

Another important legal insight is that INA Section 245(i) does not waive all grounds of inadmissibility. For example, individuals who have committed certain crimes or who are involved in drug trafficking are generally not eligible for adjustment of status under INA Section 245(i).

Immigration Law and INA Section 245(i): A Closer Look at Its Application

INA Section 245(i) has been applied in a number of different ways over the years. In some cases, USCIS has interpreted this provision narrowly and has denied applications for adjustment of status under INA Section 245(i) for minor violations of immigration law. In other cases, USCIS has interpreted this provision more broadly and has approved applications for adjustment of status under INA Section 245(i) even when individuals have committed more serious violations of immigration law.

The application of INA Section 245(i) has also been affected by changes in political administrations. The Trump administration, for example, took a more restrictive approach to INA Section 245(i) than the Biden administration.

Conclusion

INA Section 245(i) is an important provision of immigration law that allows certain undocumented immigrants to adjust their status to LPRs without leaving the United States. Individuals who are considering applying for adjustment of status under INA Section 245(i) should consult with an experienced immigration attorney to discuss their eligibility and options.