INA §245(i) enables unauthorized aliens in the United States who are eligible for immigrant visas based on family or employment petitions to become Lawful Permanent Residents without leaving the country, provided they pay a penalty fee. Before an alien can adjust status (obtain a green card in the United States), the alien must have an approved immigrant visa petition and a visa number must be immediately available. Currently, to be eligible to adjust status under §245(i), an alien must be the beneficiary of such a petition filed by April 30, 2001. If such a petition was not filed by April 30, 2001, the alien must go overseas to obtain a visa. However, by doing so, he or she will trigger unlawful presence bars and will need a waiver. Please consult Hart Immigration before deciding to move abroad.