Congress has at its disposal one provision of law included in the Immigration and Nationality Act that, if minimally modified, would aid millions of noncitizens in the United States who do not have a pathway to permanent residency, also known as obtaining a “green card.” The provision, Section 245(i) of the Immigration and Nationality Act, was first enacted by Congress in 1994 as a temporary avenue for noncitizens in the United States unable to adjust their immigration status due to working without valid authorization, overstaying a visa, or for entering the United States without inspection by Customs and Border Patrol, such as by crossing the United States-Mexico border.

As a temporary measure, Congress set an eligibility cut-off date in the original 1994 iteration, as well as the subsequent iterations in 1997 and 2000. In the latest version, a noncitizen qualifies for this form of relief by having a qualifying family-based or employment-based immigrant visa petition filed on their behalf on or before April 30, 2001, paying a penalty fee and meeting other requirements for obtaining permanent residence. One benefit of this provision included noncitizens being able to complete their adjustment of status process within the United States without leaving their job or triggering a reentry bar which would separate them from their families in the United States if they return to their home country. As part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, three-year and 10-year bars were created to prevent noncitizens from reentering the United States or applying for lawful status if they were unlawfully in the United States. If a foreign national overstayed their visa or otherwise fell out of lawful status, then depending on how long they stayed in the United States unlawfully would determine if they received a three-year or a 10-year bar on reentry. Less than one year of unlawful presence results in a bar of three years to reentry, while more than one year of unlawful presence results in a bar of 10 years to reentry.