TABLE OF CONTENTS

INA 245(i) LIFE ACT

Current immigration law allows certain undocumented immigrants to become Lawful Permanent Residents (LPRs) without first having to leave the United States. Under Section 245(i) of the Immigration and Nationality Act (INA), those undocumented immigrants who had an immigrant visa petition or labor certification application filed on their behalf on or before a specified date (filing deadline) are eligible to apply for LPR status without having to depart the United States, provided that they pay a fee and meet certain other conditions.

The rules governing who can apply for adjustment of status under 245(i) have changed twice since the law was created in 1994. The last time this occurred was in 2000, when a deadline of April 30, 2001, was set for the filing of the necessary immigrant visa petition or labor certification application. This date is now so far in the past that it applies to very few of the undocumented immigrants currently residing in the country. However, Congress has the power to amend Section 245(i) again at any time. This could potentially make it available to hundreds of thousands of undocumented immigrants for whom immigrant visa petitions have already been filed by family members in the United States, but which have been languishing for years in the visa backlogs that plague the family-based immigration system.

The Legal Immigration Family Equity (LIFE) Act Amendments of 2000 set a new deadline of April 30, 2001. Those who submitted an “approvable” immigrant visa petition (or labor cert) or were the principal or derivative beneficiary of an “approvable” immigrant visa petition (or labor cert).

Eligibility Requirements for 245(i)

Under current law, an undocumented immigrant can apply for LPR status under Section 245(i) if he or she meets the following conditions:

• Is the beneficiary of a qualified immigrant visa petition or labor certification application filed on or before April 30, 2001 (with “beneficiary” including the principal for whom the petition or application was filed or an eligible spouse or child)
• Was physically present in the United States on December 21, 2000 (if he or she is the principal beneficiary and the petition or application was filed between January 15, 1998, and April 30, 2001)
• Pays the $1,000 fee (unless exempt)
• Is physically present in the United States at the time the adjustment of status application is filed
• Has a visa immediately available
• Is admissible to the United States or eligible for a waiver of inadmissibility or other form of relief
• Warrants the favorable exercise of discretion

History of 245(i)

Before 1994, noncitizens in the United States were generally ineligible to become LPRs if they had not been legally admitted or paroled, had not subsequently maintained lawful status (with some exceptions), or had worked without authorization. However, in 1994 Congress added a temporary subsection (i) to Section 245 of the INA that allowed certain undocumented immigrants to apply for and obtain LPR status from within the United States if they were eligible for an immediately available immigrant visa and paid a fee. Under this initial version of 245(i), a qualifying undocumented immigrant had to be eligible for—and apply for—adjustment of status before the law expired. Section 245(i) was set to take effect on October 1, 1994, and expire on October 1, 1997.