245(i) is a provision of the Immigration and Nationality Act that permits certain foreign nationals to apply for Adjustment of Status notwithstanding an unlawful entry. To be eligible for 245(i) you must have had an Immigrant Visa Petition or Labor Certification filed on your behalf prior to April 30, 2001. If your petition or labor certification was filed after January 14, 1998, you must also prove that you were physically in the U.S. on December 21, 2000. Additionally, you must be admissible to the United States (i.e. you have not violated immigration laws other than the unlawful entry) and have an immigrant visa immediately available to you.
If you are not eligible to adjust status under 245(i), you may be subject to the 3/10 Year Bar. To see if you are eligible for 245(i), please contact our office and speak to one of our experienced attorneys.