In the year 1994 Section 245(i) was added into the law so that people who had their green card, but not adjustment status to be able to adjust their status in the United States by paying a $1000 fine. On March 26, 2000, the Federal Register published the application process of Section 245(i) and on December 21, 2000 the Legal Immigration Equality Act and LIFE Act passed immigration benefits under Section 145(i). Section 245(i) gives the opportunity for certain immigrants who have immigrant visa, but who have enter the United States without inspection or violated their status to still be able to apply for adjustment of status in the United States. When they apply they will also have to pay a $1000 penalty along with it. The Life Act was able to temporarily extend the deadline for the application to be filed this pass April 30, 2001, but this deadline was for January 14, 1998 for certain people who were "beneficiary of a visa petition or labor certification application" (1)

This is a positive for many people because without Section 245(i) then many people would have entered illegally or violated their status then would not have the opportunity to file for adjustment in the United States. If this was to happen then they would have to get an immigrant visa from overseas. Channel 14, Noticias 14 Univision is a Spanish News Broadcast that gives the news to the Latino audience and they also have a web site to give the people update information about what is going on in their community and in the world. Section 245(i) has been a main topic for the Latino community and this may be their chance to improve their status in the United States.

On Friday May 18, 2001 there was a segment on Section 245(i). Pepe Barreto a reporter of Noticias 14 Univision took the story in LA and the main focus was that there might be an extension for the deadline for application under Section 245(i). Thousand of people missed the deadline on April 30, 2001 and now there may be a chance for these people to be able to turn in their paper. The hope for S.E.L.U. (a group trying to help with the process) is that congress will pass an extension for a year, but there are some Conservative Republicans that do not think that it is a good idea and want to only extend the deadline to four months. Many people will benefit from this extension, but others feel that it is going to be too time consuming and complicated. If the extension were to pass then couples who got married before April 30 can also apply through Section 245(i). This will benefit thousands of people and it is worth it when you have the chance to live in the United States without fear of being deported.

*It avoids bars of admissibility, which would penalize unjustly those who have inadvertently overstayed student and temporary work visas and deny US businesses skilled employees.
*Since the programs inception in 1994, it has generated millions of dollars in annual revenues, including $200 million in 1997 alone.
*Section 245(i) frees up consular officers overseas to provide better services to Americans abroad.
*A majority (68%) of those adjusting under this provision are close family members of US citizens.
*Section 245(i) benefits American businesses, families and the Federal budget.

The LIFE Act provides a very short window of opportunity, which ends April 30, 2001, for individuals to preserve their eligibility to file for adjustment of status under Section 245(i). It is not necessary to apply for Section 245(i) adjustment of status on or before April 30, 2001, but to preserve eligibility for Section 245(i) adjustment an individual must:

*Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) or
*Be the beneficiary of an application for labor certification filed with the Department of Labor (DOL) according to DOL rules on or before April 30, 2001, and
*If the qualifying visa petition or labor certification application was filed after January 14, 1998, have been physically present in the United States on December 21, 2000.

More info. on the support for Section 245(i) from LULAC

News Release of Section 245(i) from the U.S. Department of Justice

Frequently asked questions from American Immigration Lawyers Association