ADJUSTMENT OF STATUS IN THE U.S.:
FOR ENTRANTS WITHOUT INSPECTION OR OVERSTAY
There are some possibilities to regularize your status despite entry into the United States across the border. Under the Life Act, Section 245(i) of the Immigration and Nationality Act, persons who filed or were the beneficiaries of an approvable when filed labor certification or alien relative petition before April 30, 2001 and who were present in the U.S. on and after December 21, 2000 are qualified to apply for adjustment of status, despite having entered the country without visa or overstayed their authorized stay.
The fine is $1,000.00 and must be paid at the time of the adjustment application.
The application does not need to be based on the old labor certification or petition.
For individuals who have an immediate family member who would otherwise be eligible for residence but for one illegal entry, there may still be possibilities to obtain residence with a provisional waiver. Although this requires travel abroad to obtain the residence at a US Consulate overseas, all the paperwork can be filed while the foreign national is in the United States. If the waiver is approved, it usually takes about 3 1/2 weeks to process the residence overseas.
If you do not qualify for a Section 245(i), go to our Waivers page.