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I’ve heard that if you qualify for relief under Section 245(i), you can obtain a green card even if you lived in the U.S. out of status or entered by crossing the border unlawfully.
I’d like to know what conditions must be met to qualify for relief under 245(i).
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First, you need a record of having filed an immigration petition before April 30, 2001. Examples of qualifying immigration petitions include Form I-130 (family-based petition), I-140 (employment-based petition), I-360 (special immigrant/religious-worker petition), and I-526 (investor immigrant petition). For employment-based cases, the date the labor certification (Labor Certification) was filed serves as the green card application filing date.
Also, if the immigration petition was filed between January 14, 1998 and April 30, 2001, you’ll need documentation proving you were physically present in the U.S. as of December 21, 2000.
This can be proven using your entry document (Form I-94) or a notice received from USCIS. If this information is too old to locate, you can trace and prove it using a driver’s license, medical records, school records, or tax filings.
Finally, an important point is that the immigration petition filed before April 30, 2001 must have been approvable at the time — a petition that was never approvable to begin with doesn’t qualify. If a filing was closed before April 30, 2001 due to incomplete documentation, but the necessary documents could have been submitted at that time, it can still qualify for 245(i) relief.