One way to qualify for a green card inside the United States without leaving is to prove that you have been “inspected and admitted or paroled.” What this means is that you have to show that your last entry into the United States was with a valid visa or parole documents such as an advance parole. This is a problem for thousands of people in the United States, including DACA holders, who are married to a United States citizen. This creates a problem because many do not have a lawful entry to qualify for a green card inside the United States.
However, getting a green card inside the United States is still possible for some people if they meet the requirements on 245(i). This is a law that was originally passed by Congress in 1994. It permitted some immigrants in the United States who, for example, came to the United States without inspection (EWI), worked without permission, or overstayed a visa, to apply if they paid a “penalty” fee and met certain requirements. This law allowed families to stay together to complete the immigration process without leaving the United States to process outside the United States at a US consulate abroad. The law was extended a few times, the final end-date was April 30, 2001.
Even though the cut-off date for qualifying is April 30, 2001, people can continue to get a green card inside the United States today if they were the beneficiaries of qualifying petitions filed before that cut-off date. Beneficiary simply means that you were the one for whose benefit an immigrant petition or labor certification was filed before April 30, 2001. If you or your parent or spouse had an immigrant petition by a family member or labor certification by an employer filed for them, you can benefit today inside the United States. For example, a person will qualify for 245(i) protection where their parent was the principal beneficiary and regardless of whether they were even listed as a child on the petition, or where an ex-spouse was the principal beneficiary even if the marriage has now ended.
Another great benefit of 245(i) is that even an after acquired spouse and/or child can qualify. For example, if you do not on your own qualify for 245(i) but you are married to an immigrant who qualifies then both of you can benefit from this law even if you were married after April 3, 2001.
At the Law Office of Anshu Karki, we are well versed in this process and are happy to evaluate your personal circumstances to determine is you qualify. Contact us today for representation in your immigration case.