In 1994 Congress amended the Immigration and Nationality Act to include §245(i) [INA §245(i)], a new section which gave hundreds of thousands of illegal immigrants an opportunity to become legal permanent residents. From the time the law was enacted until January 14, 1998, individuals who had entered without inspection (i.e., who crossed the border without a visa) or who had overstayed a visa and had accrued unlawful presence were eligible for Adjustment of Status (AOS).

AOS is a procedure that allows non-resident aliens to become residents without leaving the United States, which would normally be a requirement for an immigrant visa.

Under 245(i), illegal immigrants who pay a $1,000 fine can pursue an AOS if they qualify for a Green Card through a family member (spouse, parent, child, or sibling) or through an employer. An undocumented alien who is 245(i)-eligible and who is currently married to a U.S. citizen can become a resident immediately, as can the parent or minor child (under 21) of a citizen.

Case Study #1:

A Romanian Citizen arrived in the USA on an H2B visa in May 2007. After 2 years, he married a US Citizen. We were retained in March 2010 and he was approved as a permanent resident in September, a seven months processing time.