Applying for temporary resident status under the Immigration and Nationality Act (INA) Section 245A is for foreign-born people seeking permanent U.S. citizenship. According to the U.S. Citizenship and Immigration Services (USCIS), people seeking green cards, or permanent resident status, under this section has been living in the country for decades—often, people are residing here illegally. However, people applying under this section must meet certain criteria and start the application process.
Eligibility Requirement: Continuous Residence the Early ‘80s
People seeking adjustment to their status to lawful residence under Section 245A, must have entered the United States prior to January 1, 1982. Also, people must continuously live in the country since they entered. This means that anyone entering and remaining in the States prior to 1982 are eligible for temporary lawful residence.
People who remained in the country after their nonimmigrant visa or exchange visitors status expired are also eligible. However, exchange visitors must establish that they were not subject to the two-year foreign residence requirement, fulfilled that requirement or have proof of waiver, according to USCIS.
Eligibility Requirement: Continuous Physical Residence
Peopling seeking temporary lawful residence must live—continuously in the country after they arrive. This means if they left the U.S. to work or reside in another country or returned home, they are ineligible. However, brief absences are not considered a failure to maintain continuous residence.
Eligibility Requirement: Be Admissible into the U.S.
Applying for temporary permanent residence must be admissible into the country as immigrants. According to the USCIS, being admissible means that people haven’t been convicted of any felony or three or more misdemeanors during their time in the country. Also, people seeking green cards under this section of INA who have participated or persecuted anyone based on religion, race, nationality or political opinion aren’t eligible. However, males who have registered or are registering for Selective Service are eligible.
Eligibility Requirement: Proof of Knowledge
Under the Section 245A, people must have a basic or minimal understanding of speaking, reading and writing of the English language. Also, they must know American history and civics, also called American government.
Application Process: Form I-485
Typically, people wanting green cards must complete the Application to Register Permanent Residence or Adjust Status, or Form I-485 for green card consideration. People must also provide supporting evidence to prove they entered the country prior to 1982 and maintained continuous residence.
