Section 245(i) of the Immigration and Nationality Act (INA) allows some foreign nationals to apply for permanent residency without leaving the US through a process called “adjustment of status.” Generally, foreign nationals who entered the US without being inspected by an immigration officer, who were unlawfully employed in the US or who failed to maintain a lawful status in the US, must return to their home countries to finalize their legalization process, thus triggering the 3 or 10 year bar.

Generally, to be 245(i) eligible, an employer or relative must have filed a petition on the foreign national’s behalf (or the foreign national’s parent) on or prior to April 30, 2001 and must pay a $1000.00 fine when they file for adjustment of status.

* Note: See Adjustment of status, consular processing, & 3 & 10-year bar definitions for more information.