Green Card through 245(i): A Complete Guide for Sibling Applicants

If you have been waiting close to 20 years for an application your sibling sent for you and now you want to fix your status, I have fantastic news for you if you meet the following requirements. The Green Card through 245(i) provision could be the solution you’ve been waiting for, allowing you to adjust your status despite the lengthy process. Normally, a sibling petition drains you of time and expense as you wait decades for approval. If with the approval, you need a qualifying relative who can apply for a waiver so you can begin the consular process and leave the country and come back. It’s tedious and often not possible since it hinges on obtaining that coveted waiver! So what if I told you, there was another way?!

If your US citizen sibling filed for your green card before April 30, 2001, you might benefit from the 245(i) provision of U.S. immigration law. This provision offers a potential pathway to obtaining a green card through 245(i) under certain circumstances, even if you are in the U.S. illegally or if your visa status has expired. Here’s a comprehensive guide to understanding how the 245(i) exception works and how it might apply to your situation.

What is 245(i)?

Section 245(i) of the Immigration and Nationality Act (INA) is a special provision that allows certain individuals who are otherwise ineligible to adjust their status in the U.S. to do so if they meet specific criteria. Originally enacted in 1994 and extended several times, it was designed to help individuals who were already in the U.S. but faced barriers to adjusting their status due to unauthorized stay or other issues.

Who Qualifies for 245(i)?

If you’re eligible, a Green Card through 245(i) allows you to adjust your status without leaving the U.S., making the process more straightforward for qualifying applicants. To qualify for the 245(i) exception, you need to meet several criteria:

Prior Petition or Application: You must be the beneficiary of an immigrant petition (Form I-130, I-140, or I-360) or an application for labor certification that was filed before April 30, 2001.
Eligible Family Relationship: The petition or application must have been filed by an immediate relative (spouse, parent, or child) or a family member who was a U.S. citizen or permanent resident.
Continuous Presence: You must have been physically present in the U.S. on December 21, 2000, and continue to be present in the country.

How Siblings Can Qualify for a Green Card through 245(i)

While it is often used for immediate relatives, siblings can also benefit from obtaining a Green Card through 245(i), but the key to using this provision for siblings involves a specific path:

Petition Filed by Sibling: If your sibling had an immigrant petition filed on their behalf before April 30, 2001, and that petition was approved, you could potentially benefit from their application. However, as siblings are not considered immediate relatives, this usually involves a more complex process.
Derivative Beneficiary Status: If you are a derivative beneficiary (for example, if you were included in a family petition or application that your sibling filed), you may be able to adjust your status based on their petition.

What Are The Steps One Can Take:

Verify Eligibility: Confirm whether your sibling’s petition or application was filed and approved before April 30, 2001. This is crucial for determining if you are eligible under the 245(i) exception.
Gather Documentation: Collect all relevant documents, including proof of your sibling’s petition or application, your continuous presence in the U.S., and any evidence of your family relationship.
Consult an Immigration Attorney: The complexities of immigration law make it essential to consult with an experienced immigration attorney. They can provide personalized advice based on your situation and guide you through the application process.
File for Adjustment of Status: If eligible, you will need to file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. Filing for a Green Card through 245(i) requires careful preparation and documentation, so working with an experienced attorney is essential to ensure all legal requirements are met.
Attend Biometrics and Interview: After submitting your application, you will need to attend a biometrics appointment for fingerprinting and possibly an interview with USCIS.

I love filing these cases because they are such a perfect way to get your papers INSIDE the Country. So, go check your receipt notices for the date your petition was filed to see if you are eligible for this incredible exception. If you think you may qualify for a Green Card through 245(i), consulting with an immigration attorney is the first step to securing your path to legal residency. Call us at 630-504-0648 or book your consultation here to get started today!

If you’re dealing with long wait times or delays in your application, it’s important to stay patient and informed. We have a detailed guide on maintaining trust during these delays and even legal options to speed up your case. Read more about it here.