Background: Section 245(i) is an important provision of immigration law permitting persons who, for whatever reason, are not maintaining nonimmigrant status but who are otherwise eligible to immigrate, to apply for their green cards in the United States rather than returning to their home countries to apply. Under existing law, Section 245(i) is available to anyone who is the beneficiary of a family based petition or non-frivolous alien employment certification filed on or before April 30, 2001 and who was physically present in the U.S. on December 21, 2000. To apply for adjustment using the Section 245(i) waiver, the applicant must pay an added fee of $1000.

The original Section 245(i) expired in November 1997 but was extended until April 30, 2001 by the LIFE Act. Last year, Congress was set to pass a one-year extension of the provision when 9/11 happened.

Recently, the House passed a new version of a 245(i) extension bill (H.R. 1885, 107th Congress.) If passed by the Senate and signed into law by the President, the deadline would be extended to April 30, 2002 or to for four (4) months after regulations are issued, whichever is earlier. The proposed law adds another requirement -- the "familial or employment relationship" must have existed prior to August 15, 2001. Thus, the extension would be of no benefit to a person who entered a marriage with a US citizen after August 15, 2001 or to a person on whose behalf an alien employment certification was filed after August 15, 2001.

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