The LIFE Act enacted on December 21, 200, made the benefits listed under INA 245(i) possible. INA Section 245(i) now makes it possible for certain foreign nationals currently in the U.S. to apply for adjustment of status even if they normally do not qualify because they entered the U.S. without inspection, fell out of status or otherwise violated the terms of their non-immigrant status. 245(i) does not, by itself, allow a person to apply for permanent residence, it only allows some past immigration violations to be forgiven.
Any foreign national physically present in the U.S. and who wishes to apply for permanent residence, but ordinarily cannot, due to past immigration law violations.
In order to benefit from 245(i), the applicant must meet the following requirements:
1.Be physically present in the US on December 21, 2000;
2.Have either a family immigration petition filed, or a labor certification application by an employer filed on or before April 30, 2001; and
3.The family immigrant petition or the labor certification application must have been “approvable” at the time of filing