Green Card Through 245(i) Eligibility: How Rosa Achieved Legal Status
[Please note: The Client’s name and case key details may have been altered to preserve the identity of the client. This Success Story about Green card through 245(i) eligibility is not intended to be an offer of service or case plan. Every case is unique. The Success Story is presented for information purposes only.]
In 2019–2020, we helped Rosa, an undocumented woman from Mexico, finally obtain her green card.
Originally, we worked with Rosa and her then-husband, Diego, back in 2001 when his employer filed a labor certification and planned to sponsor him for an employer-based green card. Later, the company intended to help him apply for legal permanent residency. Unfortunately, those plans collapsed when the company went bankrupt a year later.
Life Changes Over the Years
Rosa never forgot Ms. Wong. By 2019, she had given birth to a son, Robert, who was already in college. In 2005, Rosa and Diego divorced, and in 2016, she remarried Bernard, a U.S. citizen who owned a successful plumbing company.
However, Rosa remained undocumented. She had entered the United States without inspection in 2000 and feared deportation under the Trump administration’s strict immigration policies. She wondered if an I-601 waiver could be her pathway to legal status.
Discovering 245(i) Eligibility
Before taking action, our team reviewed Diego’s old file and discovered Rosa had been grandfathered onto the labor certification in April 2001. This made her eligible for Green card through 245(i) eligibility under the LIFE Act of 2000, since she could prove presence in the U.S. on December 21, 2000—the date of the law’s enactment.
As a result, an I-601 waiver was unnecessary. In August 2019, we filed a package for Rosa that included:
- I-130 (Petition for Alien Relative)
- I-485 (Application for Legal Permanent Residency)
- I-765 (Employment Authorization)
- I-485A (Proof of 245(i) coverage)
Robert proudly acted as petitioner on the I-130, while Bernard executed the I-864 Affidavit of Support because he had the financial means to support Rosa.
Approval and Celebration
Due to COVID-19 delays, Rosa’s I-485 interview occurred just before Thanksgiving 2020. The ISO accepted our argument for Green card through 245(i) eligibility and approved her for legal permanent residency almost immediately. Rosa was relieved and grateful for our team’s efforts.
Upon hearing the news, Bernard hugged his wife and stepson, exclaiming, “Robert gets to be the hero by signing for his mom while I get to support her and pay all the bills!”
Need help with your Green card through 245(i) eligibility case? Contact our team today. We’re here to guide you every step of the way. Call us or schedule a consultation online—we’re ready to help.