UNDERSTANDING 245 (a)

Means that someone has come through the border LAWFULLY and border patrol
knows about them and paroled.
IMPORTANT: If the client has advance parole and traveled before August 2020,
they can apply for adjustment. The problem is if it was AFTER August 2020.
IF YOU were paroled to file prove of your case for proceedings regarding your
ASYLUM case does not count for 245 (a)

UNDERSTANDING 245 (i)

Enables certain individuals who are present in the United States who would
not normally qualify to apply for adjustment of status in the United States to
obtain lawful permanent residence (get a Green Card) regardless of:
- The manner they entered the United States;
- Working in the United States without authorization; or
- Failing to continuously maintain lawful status since entry.
To qualify for this provision, you must be the beneficiary of a labor
certification application (Form ETA 750) or immigrant visa petition (Forms I-130,
Petition for Alien Relative, or I-140, Immigrant Petition for Alien Worker) filed on
or before April 30, 2001.
Clients we might help:

What is 245 (i) ?

 A protection of the law that has been coming and going in the U.S. And the
last time they had it was in APRIL 30, 2001.

Which petitions count for 245 (i)?

AND WHAT DOES APPROVABLE WHEN FILED MEAN?
 What is the signigicance of the two dates for the 245-i?

For the January 14, 1998. YOU DO NOT HAVE TO PROVE WHEN YOU SUBMIT
YOUR ADJUSTEMENT OF STATUS THAT THE PERSON WAS PHYSICALLY IN
THE U.S. ON DECEMBER 21, 2000.
For April 30, 2001. YOU HAVE TO PROVE THAT THE PERSON WAS
PHYSICALLY IN THE U.S. IN DECEMBER 21, 2000.

NOTE: 245 (i) allows someone who did not enter the U.S. lawfully to take the
test and pay a fee of $1000 and take the test here.
The ONLY inadmissibility 245 (i) waives is ENTERING THE COUNTRY
WITHOUT INSPECTION. And it does not waive permanent bar.
Why does it involve two visa petitions?
 What is grandfathering under 245 (i)?
The family member of the petitioner is also protected, because the relationship
exists at the time that the petition was filed.

Now, WHAT IS AFTER-ACQUIRED?

 If I petitinioned for adjustement of status before April 30, 2001, and I marry
somebody after that date, maybe in 2005, that person is considered after-
acquired. He’s not grandfathered but he is considered after-acquired.
He could be protected by 245 (i), but he MUST adjust at the same time that I
do, but under a preference category.

VAWA: INA 245

VAWA Adjustement of Status 245 (AOS) = INA 245 (a)
The forms needed are the following: