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How To Get A Green Card Using Section 245i

Posted by attorney Carl Shusterman

Section 245(i) of the immigration law allows certain persons who have overstayed their visas or entered the United States without papers to adjust their status to permanent residents. In this video, Carl Shusterman (, a former INS Attorney (1976-82) whose law firm has assisted thousands of persons across the U.S. in becoming permanent residents for nearly 30 years, explains the basics of the process.

Do you qualify for benefits under Section 245(i)? To qualify under 245(i), the application for a labor certification or immigrant visa petition must be “approvable when filed". What does this mean? What if the relative who originally sponsored you for a green card has died, and you want to be sponsored by your employer? Conversely, what if the employer who sponsored you is now out of business, and you want to be sponsored by a relative? Is it true that the benefits of 245(i) last a lifetime? If you qualify, what about your spouse and children? What difference does it make if you marry before or after the petition was filed on your behalf?

We hope that our video answers many of your questions about the process.

Additional information is available on our How to Get a Green Card Under Section 245(i) ( page.

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