Section 245(i) – pathway for green card for many who would otherwise be barred – still alive and well in many circumstances.
If you think that all the benefits of Section 245(i) disappeared on April 30, 2001 – think again !! Following the guidance of a USCIS memo of 2005 there are still many ways for a foreign national to be eligible for the green card by way of Section 245(i) even if a petition or labor certification on your behalf was not filed before April 30, 2001, if you can demonstrate that you are “grandfathered in”. For example, if you were married to someone eligible for Section 245(i) at the time the eligible spouse filed for the benefits of Section 245(i) in 2001, even if you divorced several months later you may still be eligible.