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Adjustment Under INA 245(i)

INA 245(i) lets certain grandfathered beneficiaries adjust status in the U.S. even if they would otherwise be barred. Prima.Law keeps the old filing evidence and the new I-485 package together.

Who Qualifies

Beneficiaries of an I-130, I-140 or labor certification filed on or before April 30, 2001 that was approvable when filed, plus some spouses and children.

Key Forms

Form I-485 with Supplement A to Form I-485. In most cases the applicant also pays an additional $1,000 fee, unless an exemption applies.

Physical Presence

Principal beneficiaries of filings made January 15, 1998 to April 30, 2001 must have been in the U.S. on December 21, 2000.

Good to Know

245(i) does not stop unlawful presence accruing before filing, does not forgive the 3- or 10-year bars, and does not protect against removal.

General Qualifications for INA 245(i) Adjustment

INA 245(i) lets certain grandfathered people in the U.S. apply for a green card regardless of how they entered, unauthorized work or failure to maintain status. The person must be the beneficiary of a Form I-130, Form I-140 or labor certification filed on or before April 30, 2001 that was approvable when filed.

The applicant files Form I-485 with Supplement A and pays the additional fee unless exempt. 245(i) is not amnesty: unlawful presence keeps accruing until a proper adjustment filing, it does not protect against removal, and it usually does not forgive the 3- or 10-year bars triggered by departing after unlawful presence.

Clients This Case Type Helps

  • Long-time U.S. residents who entered without inspection
  • Beneficiaries of an I-130, I-140 or labor certification filed by April 30, 2001
  • Spouses and children of grandfathered individuals
  • Applicants with a new family or employment petition, grandfathered by an old one
  • Applicants who worked without authorization or fell out of status

General Qualifications

  • Beneficiary of a Form I-130, Form I-140 or labor certification filed on or before April 30, 2001.
  • The grandfathering filing was approvable when filed: properly filed, meritorious and not frivolous.
  • Principals with filings from January 15, 1998 to April 30, 2001 were physically present in the U.S. on December 21, 2000.
  • Beneficiary of a qualifying petition now, the original or a later one, with a visa immediately available.
  • Physically present in the U.S. when filing Form I-485 and Supplement A.
  • Admissible, or eligible for a waiver or other relief, and merits a favorable exercise of discretion.

Consultation Screening Questions

  1. Who filed the old petition or labor certification, and on what date?
  2. Do you have the receipt, approval notice or a copy of the filing?
  3. Was the filing signed and filed with the correct fee? Was it ever denied or withdrawn?
  4. Were you in the U.S. on December 21, 2000, and what records show it?
  5. Were you the principal beneficiary, or the spouse or child of one at the time?
  6. Have you left the U.S. after any period of unlawful presence?
  7. Have you ever been in removal proceedings, been removed or been arrested?
  8. What current petition will the I-485 be based on, and is a visa available?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.

Common Pain Points in INA 245(i) Cases

Proving a Filing From 2001 or Earlier

The grandfathering petition or labor certification is decades old, and copies, receipts and proof it was approvable are hard to find.

How Prima.Law helps: A detailed, proven 245(i) checklist built and maintained by active immigration lawyers lists the old filing, receipts and presence proof. Clients upload to it in the portal and staff mark items complete.

Presence on December 21, 2000

Principals with filings from 1998 to 2001 must prove U.S. presence on one date decades ago, and the evidence is often thin.

How Prima.Law helps: Smart Interviews collect address, work and travel history by email, text or portal, and the Chrome extension pulls I-94 and travel history from CBP into the case.

Supplement A Adds a Second Layer

Form I-485 and Supplement A go in together with the right evidence, and admissibility issues still need a full review.

How Prima.Law helps: Package Assembly builds the I-485, Supplement A and grandfathering evidence into one indexed PDF with exhibit sheets, and AI Case Review checks it before filing.

How Prima.Law Helps With 245(i) Cases

Grandfathering Records

Store the old petition or labor certification, its filing date and evidence it was approvable when filed on the case checklist.

Supplement A Autofill

Autofill fills I-485 and Supplement A from the applicant profile, with principal and derivative roles kept separate.

USCIS or Court Package

Build an indexed PDF for USCIS, or a paginated Immigration Court package with table of contents when the case is before EOIR.

Lawyer-Built Template

The 245(i) case type, created and maintained by active immigration lawyers, adds the forms, case flow items and evidence list.

Typical Forms and Evidence

How 245(i) Adjustment Works

Grandfathering first, then adjustment

01

Confirm Grandfathering

Show a qualifying petition or labor certification filed on or before April 30, 2001 that was approvable when filed.

02

Check Presence Rule

Principals with filings from January 15, 1998 to April 30, 2001 need proof of U.S. presence on December 21, 2000.

03

File I-485 and Supp A

File Form I-485 with Supplement A and the additional fee, unless an exemption applies.

04

Admissibility Review

The applicant must still be admissible or eligible for a waiver and merit a favorable exercise of discretion.

Related Case Types

Adjustment of Status

Form I-485 green card applications under INA 245(a), with I-864 and I-693.

I-130 for Spouses

Spousal petitions for citizens and green card holders, with Form I-130A.

I-601A Provisional Waiver

Provisional unlawful presence waivers filed in the U.S. before the consular interview.

Family Immigration

All family immigration case types in Prima.Law.

Ready to See It in Action?

Book a demo and see how Prima.Law handles INA 245(i) Adjustment cases.

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