Illegal immigrants who enter the country legally but overstay are not precluded from adjusting status to permanent residence if they are immediate relatives of U.S. citizens (spouse, parent, or child under the age of 21 and unmarried). If not immediate relatives, most illegal immigrants can also adjust status to permanent residence without leaving the States if they have some other basis to immigrate and are the beneficiaries of section 245(i). That provision allows individuals who had immigrant visa petitions or labor certification applications filed on their behalf by April 30, 2001, to adjust status if there is a basis to do so as long as they were physically present in the U.S. on December 21, 2000, and pay a $1000 fine. An earlier version of section 245(i) which is still effective does away with the physical presence requirement if the immigrant visa petition or labor certification application was filed by January 14, 1998. Other ways that overstayed people can obtain legal papers could be if they qualify as political asylees, or came here under the age of 16 and qualify under President Obama's new program, deferred action for childhood arrivals. These are but some of the ways that people can overcome the problem of overstaying. You may wish to arrange a consultation with a qualified immigration lawyer to see whether you have other options.
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