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About Permanent Residency Through INA 245(i)

In the world of U.S. immigration law, numerous paths lead to permanent residency. One such provision, often overlooked but incredibly valuable, is Section 245(i) of the Immigration and Nationality Act (INA). At Luqman Law, we are proud to support our clients in their journey towards securing a green card under this provision. Here’s a look at how we do it and the requirements involved.


Section 245(i) of the INA provides a unique opportunity for certain individuals to adjust their status and obtain permanent residency in the U.S., even if they entered the country without inspection or overstayed their visa. This provision was designed to help families stay together without facing the typical barriers present in other adjustment avenues.

Requirements for Adjustment under INA 245(i)

To be eligible for adjusting your status under INA 245(i), a series of specific criteria must be met. Luqman Law is here to guide clients through these intricacies, ensuring all requirements are met:

1. Physical Presence: Applicants must have been physically present in the United States on December 21, 2000.

2. Filing of a Qualified Petition: A qualified immigration petition (either Form I-130 or I-140) or labor certification (Form ETA-750) should have been filed on behalf of the applicant.

3. Filing Dates: The mentioned petition or certification must have been filed between January 15, 1998, and April 30, 2001.

4. Validity at Filing: The filed petition must have been valid and “approvable at filing.” This means that at the time of submission, the petition met all legal criteria and had a legitimate familial or employment basis.

5. Availability of an Immigrant Visa: An immigrant visa must be immediately available to the applicant. In other words, there shouldn’t be any waiting time for the visa due to caps or quotas.


Navigating the complex requirements of INA 245(i) can be daunting. Our dedicated team at Luqman Law assists clients in every step of the process. We help in:

– Reviewing your case to determine eligibility.
– Ensuring that all filed petitions meet the required criteria.
– Guiding through the necessary documentation and evidence.
– Representing and advocating for clients throughout the adjustment process.

Our goal is to make the path to permanent residency as smooth and hassle-free as possible for our clients.

At Luqman Law, we believe in the power of united families and the potential of every individual to contribute positively to society. If you or a loved one believes you might be eligible for adjustment of status under INA 245(i), don’t hesitate to reach out. We’re here to help you turn that potential into a reality.