2/9/2005

It is reported that USCIS denied certain adjustment of status filings in cases where the underlying filing establishing eligibility under Section 245(i) of the Immigration and Nationality Act.
 
Section 245(i) allows one to adjust status to permanent residence, if there is a proper legal basis for adjustment, even if the individual entered unlawfully or fell out of status. In order to qualify for Section 245(i) protection, one must have had either a family-based case or employment-based case filed before April 30, 2001, and s/he must have been physically present in the U.S. on Dec. 21, 2000. 
 
Such adjustment applicants remain eligible for the 245(i) relief even if they do not seek permanent resident status through the case filed on or before April 30, 2001. That is, the person could have a family-based filing that was filed in time for the April 30, 2001 deadline, but ultimately seek permanent resident status through a later-filed, employment-based green card case. This is permitted provided the case filed by the deadline was essentially bona fide when it was filed. 

Circumstances may have changed so that the deadline case could not be approved, but it is supposed to be enough if the case was originally filed in good faith. 
 
For instance, a person may have had a labor certification case filed by a company in time for the deadline. The labor certification case may have been a strong, approvable case. However, years later, when the case came up for review, the business may have closed. Thus, the labor certification would be denied, but the case was bona fide when it was filed and that fact should be sufficient to establish 245(i) eligibility. 
 

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