Normally, a foreigner cannot become a Legal Permanent Resident while living in the United States unless she is here legally and working only with authorization. However, a special law, known commonly as Section 245(i), allows the foreigner to apply to adjust status in the United States even though she entered without inspection, overstayed a legal entry, or worked without authorization.

In order to be eligible, the petition must have been filed on behalf of this foreigner at some time in the past. These petitions include an I-140, I-130, I-360, I-526 or a Labor Certification. The petition must have been filed on or before April 30, 2001. In that case the foreigner must have been physically present in the United States on December 21, 2000. Blandon Law regularly helps foreign nationals prove that they were present in December 2000 through creative means. For example, in one case a foreigner had a picture of himself during a severe weather incident. Through research, Blandon Law was able to demonstrate to Immigration that the foreigner was present before December 2000 because the weather incident occurred prior to that date.

If the petition was filed before January 14, 1998, another rule of Section 245(i) applies. In that case, the foreigner does not need to demonstrate any physical presence. Therefore, if someone filed a petition on behalf of a foreigner prior to January 14, 1998, and the foreigner enters the Unites States without inspection, overstays or works without authorization today, that person can still become a Legal Permanent Resident through the process known as Adjustment of Status.