A Complete Guide to Form I-485 Supplement A: Adjustment of Status Under Section 245(i)

What Is Form I-485 Supplement A and Who Needs to File It?

Form I-485 Supplement A, officially titled “Adjustment of Status Under Section 245(i),” is a specific form used in conjunction with the main Form I-485, Application to Register Permanent Residence or Adjust Status. It allows certain individuals to apply for a Green Card from within the United States, even if they would normally be barred from doing so due to immigration violations.

You need to file Supplement A if you are seeking to adjust your status under Section 245(i) of the Immigration and Nationality Act (INA). This provision is an exception to the general rule that requires individuals to be “inspected and admitted or paroled” into the U.S. and to have maintained lawful status to adjust their status.

Specifically, Supplement A is for those who are “grandfathered” under Section 245(i). This means you or a close family member (parent or spouse) were the beneficiary of an immigrant visa petition (like an I-130 or I-140) or a labor certification filed on or before April 30, 2001. If the petition was filed between January 15, 1998, and April 30, 2001, you must also prove you were physically present in the U.S. on December 21, 2000.

You cannot file Supplement A by itself. It must be filed along with or after you have filed your main Form I-485. It serves as a declaration of your eligibility under the 245(i) provision and requires payment of an additional penalty fee. This form provides a crucial pathway for many who would otherwise be forced to leave the U.S. for consular processing, potentially triggering reentry bars.

How Does Section 245(i) Help Undocumented Immigrants Adjust Status?

Section 245(i) of the Immigration and Nationality Act provides a significant avenue for certain undocumented immigrants to adjust their status to lawful permanent resident without leaving the United States. Ordinarily, individuals who entered the U.S. without inspection (EWI), overstayed a visa, or violated their immigration status are not eligible to adjust status within the U.S. They would typically need to leave the country for consular processing, which could trigger a 3-year or 10-year bar from re-entry depending on their period of unlawful presence.

Section 245(i) waives these inadmissibility bars for eligible individuals. It effectively allows them to bypass the requirement of lawful entry and continuous lawful status for adjustment of status purposes. This means that if you qualify under 245(i), you can apply for your Green Card from within the U.S. and avoid the risks associated with departing for an interview abroad, such as the reentry bars.

The core benefit of 245(i) is family unity. It allows families to remain together in the U.S. throughout the immigration process. Imagine the hardship of leaving your family and life in the U.S. for an uncertain period. Section 245(i) prevents this separation for those who meet its specific criteria.

While 245(i) offers significant relief, it does not exempt you from all other grounds of inadmissibility. You must still be otherwise eligible for an immigrant visa in a current category and not be inadmissible for other reasons, like certain criminal offenses or health issues. It provides an exception for specific status violations, making Green Card eligibility possible for many who would otherwise have no direct path.

Can I Apply for a Green Card Under 245(i) Using Form I-485 Supplement A?

Yes, absolutely. If you are eligible under Section 245(i), you will use Form I-485 Supplement A in conjunction with your main Form I-485, Application to Register Permanent Residence or Adjust Status. Form I-485 Supplement A serves as your official claim to the benefits of Section 245(i).

Think of Form I-485 as the core application for your Green Card. Form I-485 Supplement A is an addendum that explains why you are eligible for adjustment of status despite not meeting the typical “inspected and admitted” or “maintained lawful status” requirements. It’s your ticket to adjust status from within the U.S. even if you entered without inspection or have fallen out of status.

You generally file both forms together in one package to USCIS. You must also include the required base filing fee for Form I-485 and the additional penalty fee for Form I-485 Supplement A. If you previously filed an I-485 and it is still pending, you can file Supplement A separately, making sure to include a copy of your I-485 receipt notice.

The purpose of Supplement A is to inform USCIS that you are seeking to adjust status under the special provisions of 245(i). It requires you to provide details about the qualifying immigrant visa petition or labor certification that “grandfathered” you under this section. Without a properly filed Supplement A and its associated penalty fee, you cannot benefit from 245(i) and your I-485 would likely be denied if you have immigration violations that would normally bar adjustment.

Who Qualifies for Adjustment of Status Under Section 245(i)?

To qualify for adjustment of status under Section 245(i), you must meet specific “grandfathering” criteria. This means you must have a connection to an immigrant visa petition or labor certification filed on or before a particular date.

The key requirements are:

• You must be the beneficiary (principal or derivative) of a qualifying immigrant visa petition (e.g., I-130, I-140, I-360) or a labor certification application that was filed on or before April 30, 2001. This original petition or application must have been “approvable when filed.” This means it was properly filed, factually meritorious, and not frivolous at the time of submission, even if it was later withdrawn, denied, or revoked due to circumstances arising after filing. For example, if an I-130 was filed based on a marriage that later ended in divorce, it could still be “approvable when filed” for 245(i) purposes.
• If the qualifying petition or labor certification was filed between January 15, 1998, and April 30, 2001, you must also demonstrate that you were physically present in the United States on December 21, 2000. This is a strict requirement. You need to provide evidence of your presence on that specific date.
• You must be the principal beneficiary of the qualifying petition/labor certification, or a “derivative beneficiary.” Derivative beneficiaries include the spouse or unmarried child (under 21) of the principal beneficiary at the time the qualifying petition was filed, or if the relationship came into being before April 30, 2001, while the petition was still active. This protection extends even if that relationship no longer exists or if the child has “aged out.”

Beyond these grandfathering rules, you must also:

• Have an immigrant visa immediately available to you. This means your priority date must be current in a family-based, employment-based, or other immigrant visa category. You are not adjusting status based on the old 245(i) petition, but rather through it, using a new or different current immigrant petition.
• Be otherwise admissible to the U.S. This means you cannot have other bars to admission that 245(i) does not waive, such as certain criminal convictions, security concerns, or certain health-related grounds.

What Is the Penalty Fee for Filing Form I-485 Supplement A Under 245(i)?

When you file Form I-485 Supplement A to adjust status under Section 245(i), you are required to pay a special penalty fee. This fee is in addition to the regular filing fee for Form I-485.

The penalty fee for Form I-485 Supplement A is currently $1,000.

You must pay this $1,000 fee when you submit Form I-485 Supplement A to USCIS. It is a separate payment from the Form I-485 filing fee and the biometric services fee. You can usually pay all fees with a single check or money order made payable to “U.S. Department of Homeland Security,” but clearly indicate what each payment covers.

This penalty fee is a core component of the 245(i) provision. It serves as a financial consequence for those who are adjusting status despite having violated immigration laws. The fee essentially “buys” you the ability to adjust status from within the U.S., avoiding the necessity of leaving and potentially facing reentry bars.

It is crucial to include the correct penalty fee with your application. Incorrect or missing fees can lead to your application being rejected or delayed. USCIS is strict about fee payments. Make sure you check the latest USCIS fee schedule on their official website before filing, as fees can change.

Remember, this $1,000 is non-refundable, even if your application is ultimately denied. It is a one-time fee per principal applicant for the benefit of adjusting status under 245(i). Derivative beneficiaries (spouses and children) who are also grandfathered under 245(i) must also pay the $1,000 penalty fee if they are adjusting status under this provision.

How Do I Know If I’m Grandfathered Under Section 245(i)?

Determining if you are “grandfathered” under Section 245(i) requires careful review of your immigration history and supporting documentation. This is a critical step, as it forms the basis of your eligibility.

First, identify if you or your qualifying relative (parent or spouse) were the beneficiary of an immigrant visa petition (Form I-130, I-140, I-360, I-526) or a labor certification application.

Next, you need to confirm the filing date of that petition or application:

• The most favorable scenario: The petition or labor certification was filed on or before January 14, 1998. If so, you are grandfathered, and there is no physical presence requirement. You do not need to prove you were in the U.S. on December 21, 2000.
• The second scenario: The petition or labor certification was filed between January 15, 1998, and April 30, 2001. In this case, you are grandfathered only if you can prove you were physically present in the United States on December 21, 2000. This physical presence must be documented.

The petition or labor certification must have been “approvable when filed.” This means it was legitimate and viable at the time it was submitted, even if it was later withdrawn, denied, or if circumstances changed (e.g., divorce, petitioner death). The burden of proof for “approvable when filed” rests on you. USCIS will examine the facts as they existed at the time of filing.

Consider your relationship to the principal beneficiary. Were you the principal beneficiary? Or were you the spouse or unmarried child (under 21) of the principal beneficiary at the time the qualifying petition was filed, or did that relationship exist on or before April 30, 2001, while the petition was active? If so, you might be a derivative beneficiary.

Gather any documentation related to these old petitions or labor certifications. This includes receipt notices (Form I-797), approval notices, or any correspondence from USCIS or the Department of Labor. If you don’t have these, explore options like Freedom of Information Act (FOIA) requests to USCIS. Consulting with an experienced immigration attorney is highly recommended to confirm your grandfathered status.

What Documents Are Required for Form I-485 Supplement A?

When filing Form I-485 Supplement A, you need to provide specific documents to prove your eligibility under Section 245(i). These documents are crucial for your application to be accepted and processed.

• Proof of the Qualifying Immigrant Petition or Labor Certification: This is the most vital piece of evidence. You need to submit a copy of the receipt notice (Form I-797, Notice of Action) or approval notice for the immigrant visa petition (e.g., Form I-130, I-140, I-360) or labor certification application that “grandfathered” you under 245(i). If you don’t have the official notice, any verifiable evidence showing the filing date and that you were the beneficiary may be acceptable. This could include old correspondence from USCIS or the Department of Labor.
• Evidence of Physical Presence (if required): If your qualifying petition was filed between January 15, 1998, and April 30, 2001, you must provide proof of your physical presence in the U.S. on December 21, 2000. Examples of acceptable evidence include:
  • Bank statements
  • School records (transcripts, report cards)
  • Employment records (pay stubs, W-2 forms)
  • Medical records
  • Utility bills
  • Rental agreements or receipts
  • Dated photographs
  • Notarized affidavits from individuals who can attest to your presence.
• Proof of Relationship to Principal Beneficiary (if derivative): If you are claiming 245(i) eligibility as a derivative beneficiary (spouse or child), you must provide documents proving your relationship to the principal beneficiary of the qualifying petition. This includes birth certificates for children and marriage certificates for spouses.
• Payment for the $1,000 Penalty Fee: Include a check or money order for the current $1,000 penalty fee made payable to “U.S. Department of Homeland Security.”

Remember, these documents are in addition to the standard documents required for the main Form I-485, such as your birth certificate, passport photos, medical examination results (Form I-693), and the Affidavit of Support (Form I-864). Ensure all copies are clear and legible.

Is Form I-485 Supplement A Required If I Entered Without Inspection?

Yes, if you entered the United States without inspection (EWI), Form I-485 Supplement A is generally required if you want to adjust your status to a lawful permanent resident from within the U.S.

The core principle of adjustment of status (Form I-485) requires that you were “inspected and admitted or paroled” into the United States. If you entered without inspection, you did not meet this requirement. This makes you inadmissible for adjustment of status under the standard rules.

However, Section 245(i) of the INA provides an exception for certain individuals who are otherwise barred from adjusting status due to an unlawful entry or other status violations. If you are “grandfathered” under 245(i) – meaning you or a close relative had a qualifying immigrant petition or labor certification filed on your behalf by April 30, 2001, and you meet any physical presence requirements – then you can use the benefits of 245(i).

To claim these benefits, you must file Form I-485 Supplement A along with your main Form I-485 application. You also must pay the $1,000 penalty fee associated with 245(i). Without filing Supplement A and paying the fee, your I-485 application would likely be denied because you do not meet the “inspected and admitted” requirement.

In summary, for individuals who entered without inspection, Form I-485 Supplement A is your essential tool to potentially adjust status within the U.S., provided you meet the specific grandfathering criteria of Section 245(i). Without it, the EWI issue would typically necessitate leaving the U.S. for consular processing, which carries its own risks, including potential reentry bars.

What Are the Common Mistakes When Filing Form I-485 Supplement A?

Filing Form I-485 Supplement A involves specific requirements, and mistakes can lead to delays or even denial. Avoid these common errors to ensure a smoother process:

• Not Being Grandfathered: The most critical mistake is filing Supplement A when you do not actually meet the 245(i) grandfathering criteria. This includes lacking a qualifying petition filed by the deadline or not meeting the physical presence requirement for the later cutoff date. Thoroughly research your eligibility before filing.
• Missing or Incorrect Penalty Fee: The $1,000 penalty fee is mandatory for 245(i) applications. Failing to include the correct fee or submitting it incorrectly (e.g., wrong payee) will result in rejection of your Supplement A.
• Lack of Proof for Grandfathering: You must provide clear evidence of the qualifying petition, such as the I-797 receipt or approval notice. If you don’t have it, strong secondary evidence is needed. Without this proof, USCIS cannot confirm your grandfathered status.
• Insufficient Physical Presence Documentation: If your qualifying petition was filed between 1998 and 2001, you must prove physical presence on December 21, 2000. Many applicants submit weak or insufficient evidence. Provide multiple, credible documents that clearly show your presence on that specific date.
• Filing Supplement A Alone: Form I-485 Supplement A cannot be filed as a standalone application. It must be filed concurrently with or after the main Form I-485, which is the actual application for adjustment of status.
• Not Addressing Other Inadmissibilities: Section 245(i) waives bars related to unlawful presence and unlawful entry, but it does not waive all grounds of inadmissibility. Applicants sometimes forget that other issues, like certain criminal convictions or health problems, still need to be addressed, possibly through waivers.
• Incomplete or Inaccurate Information: As with any USCIS form, providing incomplete, inconsistent, or inaccurate information can cause significant delays or lead to rejection. Double-check all entries for accuracy and ensure you answer every relevant question.
• Not Keeping Copies: Always retain a complete copy of everything you submit to USCIS, including all forms, supporting documents, and fee receipts. This is vital for your records and for reference during interviews or if a problem arises.

How Long Does It Take to Process Form I-485 Supplement A Under 245(i)?

Form I-485 Supplement A does not have a separate, distinct processing time from the main Form I-485. Instead, its processing is integrated into the overall adjustment of status application timeline.

The total processing time for an I-485 application filed under Section 245(i) depends on several factors:

• USCIS Workload: Processing times at USCIS service centers and field offices fluctuate based on their current caseloads and resources. You can check the USCIS website for typical processing times for Form I-485 at your specific service center.
• Visa Availability: Your application cannot be approved until an immigrant visa number is immediately available in your underlying visa category (e.g., family-based or employment-based). If your priority date is not current, your application will remain pending, regardless of how quickly Supplement A is processed.
• Completeness of Application: A fully and accurately prepared application with all required supporting documents will process faster. Any Requests for Evidence (RFEs) for missing information or clarification will add significant delays.
• Interview Requirements: Most I-485 applications, including those filed under 245(i), require an interview at a USCIS field office. The scheduling of this interview can take several months to over a year after filing.
• Background Checks: USCIS conducts extensive background and security checks on all applicants. The time these checks take is outside your control and can sometimes cause unforeseen delays.

Generally, after filing the I-485 and Supplement A, you can expect to receive a receipt notice within a few weeks. A biometrics appointment typically follows within 1-2 months. An Employment Authorization Document (EAD) and Advance Parole (travel document) can be issued within a few months if you apply for them concurrently. The final decision on the Green Card often takes anywhere from 8 to 24 months, or even longer, from the initial filing date, depending on the factors mentioned above.

The “processing” of Supplement A itself is simply the review by USCIS to confirm your grandfathered status as part of the overall I-485 adjudication. It doesn’t add a separate, sequential processing phase.