What does it mean to be protected under 245 I?

  • This law allows a person who entered the United States without papers, no visa, and who wants to file for their Green Card through their spouse, or through their parents, or a sibling to stay in the United States.
  • They don’t have to go back to their home country if one of the following occurred: either an immediate relative petition or labor certification was filed on her behalf on or before April 30, 2001.
  • If it were that, that petition follows you to any other application you want to file, it waives you from returning to your home country, but you do have to pay a $1,000 fine on top of the regular fees.
  • If these applications were filed after January 15, 1998, you do have to show that you were in the United States as of December 20, 2000. If not, you’re not eligible for that.
  • One more important thing: if a relative petition or labor certification was filed for your parents and you were under the age of 21 when those petitions were filed, you are still eligible under 245-I law.

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