U.S. Citizenship and Immigration
Your Complete Guide
~ Updates and Errata ~
June 1998
The USCIS has agreed that a person who started their immigration case by the filing of a petition or a labor certification by January 14, 1998, can adjust status, even if that person qualifies under a different category. So if you started a labor certification by 1/14/98 and later your husband or wife petitions for you, you can adjust status under section 245(i) regardless of your manner of entry into the United States. Also, your spouse and children who qualify as derivative beneficiaries as of the date you started the process by petition or labor certification application remain eligible for 245(i) adjust regardless of whether they qualify as derivative beneficiaries at the time you adjust status.
Section 245(i) is the section of the Immigration and Nationality Act that allows people to apply for permanent residence and be interviewed by the USCIS in the United States. The process is called adjustment of status. In earlier updates, I reported that Congress passed legislation allowing most people who started their immigration cases by January 14, 1998 to adjust status. This new ruling by the USCIS clarifies that you and your derivative family members remain eligible for 245(i) benefits regardless of how you and your family members actually qualify for permanent residence.