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.
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.
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.
Principal beneficiaries of filings made January 15, 1998 to April 30, 2001 must have been in the U.S. on December 21, 2000.
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.
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.
General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.
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.
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.
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.
Store the old petition or labor certification, its filing date and evidence it was approvable when filed on the case checklist.
Autofill fills I-485 and Supplement A from the applicant profile, with principal and derivative roles kept separate.
Build an indexed PDF for USCIS, or a paginated Immigration Court package with table of contents when the case is before EOIR.
The 245(i) case type, created and maintained by active immigration lawyers, adds the forms, case flow items and evidence list.
Show a qualifying petition or labor certification filed on or before April 30, 2001 that was approvable when filed.
Principals with filings from January 15, 1998 to April 30, 2001 need proof of U.S. presence on December 21, 2000.
File Form I-485 with Supplement A and the additional fee, unless an exemption applies.
The applicant must still be admissible or eligible for a waiver and merit a favorable exercise of discretion.
Form I-485 green card applications under INA 245(a), with I-864 and I-693.
Spousal petitions for citizens and green card holders, with Form I-130A.
Provisional unlawful presence waivers filed in the U.S. before the consular interview.
All family immigration case types in Prima.Law.
Book a demo and see how Prima.Law handles INA 245(i) Adjustment cases.