If you’re applying for a green card and believe Section 245(i) of the Immigration and Nationality Act (INA) applies to you, Form I-485 Supplement A is a critical part of the process. This guide simplifies what you need to know about the form, who qualifies, and how to complete it. Let Law and Visas help make your application process smooth and stress-free.
What Is Form I-485 Supplement A?
Form I-485 Supplement A, officially titled Adjustment of Status Under Section 245(i), is a supplementary form filed alongside Form I-485, the application to register permanent residence or adjust status. It’s specifically designed for individuals who meet eligibility requirements under Section 245(i) of the INA.
This form is particularly beneficial for people who:
- Entered the U.S. without inspection.
- Violated the terms of their status.
It provides a pathway to apply for a green card without leaving the U.S.
Who Should File Form I-485 Supplement A?
You should file Form I-485 Supplement A if you qualify for adjustment of status under Section 245(i). This provision allows certain individuals who might not typically be eligible for adjustment to apply, provided they meet specific conditions.
Understanding Section 245(i) of the INA
Section 245(i) offers a way for certain individuals in the U.S. to apply for a green card without leaving the country. This is crucial for individuals who may otherwise face challenges due to their manner of entry or other violations of immigration status.
You may qualify under Section 245(i) if:
- Your Petition or Certification Was Filed on Time:
- An immigrant visa petition or labor certification application was filed for you on or before January 14, 1998.
- OR, it was filed between January 15, 1998, and April 30, 2001, and you were physically present in the U.S. on December 21, 2000.
- You Are a Derivative Beneficiary:
- You’re a spouse or child listed on a qualifying petition or application filed by the above dates.
- Other Requirements:
- An immigrant visa must be immediately available to you.
- You must be admissible to the U.S. under immigration law.
Section 245(i) has helped many individuals overcome barriers to lawful permanent residency.
Key Parts of Form I-485 Supplement A
When filling out Form I-485 Supplement A, pay close attention to these key components:
- Personal Information:
Provide accurate details like your full name, date of birth, and place of birth. - Eligibility Confirmation:
Clearly explain how you meet Section 245(i) eligibility requirements. - Supporting Documents:
Submit required documentation, such as:- Copies of your immigrant visa petition or labor certification.
- Evidence of your relationship to the petitioner (if applicable).
- Any other relevant proof requested by USCIS.
- Signatures:
Ensure you sign and date the form. Missing signatures can cause delays or rejection.
How to File Form I-485 Supplement A
You can only file Supplement A if you’ve already submitted or are submitting Form I-485. Here’s how:
- Filing With Form I-485:
- Submit Form I-485 and Supplement A together in the same package.
- Filing After Form I-485:
- If Form I-485 is pending, include a copy of the I-797 receipt notice when submitting Supplement A.
- Check Filing Locations:
- Review USCIS’s Direct Filing Addresses for Form I-485 to ensure you send your application to the correct location.
Cost of Filing Form I-485 Supplement A
The filing fee for Form I-485 Supplement A is $1,000. This fee is separate from the cost of filing Form I-485 and must be paid directly to USCIS when you file the form.
Why It’s Important
The Form I-485 Supplement A and Section 245(i) are lifelines for individuals who would otherwise need to leave the U.S. to apply for a green card. By staying in the U.S. during the process, applicants can avoid long delays and potential separation from family or employers.
However, navigating these rules can be challenging, and errors can result in delays or denials.
Need Help?
Applying under Section 245(i) can be complicated, but you don’t have to go through it alone. At Law and Visas, we:
- Provide personalized guidance tailored to your case.
- Help ensure all forms and documents are filed accurately.
- Offer peace of mind with expert advice and support.
Start your journey today with Law and Visas!
Let us simplify the process and help you achieve your immigration goals.
