Updated November 6, 2026

Section 245(i): who can still adjust status after unlawful presence or entry without inspection

Section 245(i) of the Immigration and Nationality Act lets you apply for a green card inside the United States even if you entered without inspection, worked without authorization, or fell out of lawful status. According to the USCIS Policy Manual (Volume 7, Part C), you qualify if you are the beneficiary of an immigrant visa petition or permanent labor certification that was properly filed on or before April 30, 2001, and was approvable when filed.

Most applicants must file Form I-485 Supplement A alongside Form I-485 and pay an additional $1,000 statutory sum.

What is INA Section 245(i) adjustment of status?

Adjusting status to lawful permanent resident under INA Section 245(a) normally requires that you were inspected and admitted or paroled into the United States, and that you stayed free of the status and employment bars in INA Section 245(c). Leaving the country for a consular interview abroad can trigger a 3-year or 10-year bar to reentry under INA Section 212(a)(9)(B) if you have accrued 180 days or more of unlawful presence.

USCIS states that Section 245(i) is not an amnesty. Being grandfathered does not give you lawful status, does not put you in a period of authorized stay, does not stop you from accruing unlawful presence before you properly file Form I-485, and does not protect you from deportation or removal.

Congress enacted INA Section 245(i) in 1994 and amended it through the Legal Immigration Family Equity (LIFE) Act Amendments of 2000 so grandfathered individuals can adjust status without leaving the United States. The Form I-485 Supplement A Instructions list 10 adjustment bars that Section 245(i) overcomes if you are not already exempt under INA Sections 245(a), (c), or (k):

• You last entered the United States without being admitted or paroled after inspection by an immigration officer.
• You last entered the United States as a nonimmigrant crewman.
• You are now employed or have ever been employed in the United States without authorization.
• You are not in lawful immigration status on the date of filing your application for adjustment of status.
• You have at any time failed to continuously maintain a lawful status since entry into the United States, unless your failure was through no fault of your own or for technical reasons.
• You were last admitted to the United States in transit without a visa.
• You were last admitted as a nonimmigrant visitor without a visa under the Guam and Commonwealth of the Northern Mariana Islands Visa Waiver Program, and you are not a Canadian citizen.
• You were last admitted as a nonimmigrant visitor without a visa under the Visa Waiver Program.
• You are seeking employment-based adjustment of status and are not maintaining a lawful nonimmigrant status on the date of filing.
• You have ever violated the terms of your nonimmigrant status.

Who is a grandfathered individual under Section 245(i)?

Under the USCIS Policy Manual (Volume 7, Part C, Chapter 2), a grandfathered individual is someone who is or was the principal or derivative beneficiary of a qualifying immigrant visa petition or permanent labor certification application.

To preserve your eligibility, the filing must have been both properly filed on or before April 30, 2001, and approvable when filed. Petitions with an illegible or missing postmark were considered timely filed if INS physically received them by May 3, 2001, and stamped them 'Filed Prior to 245(i) Sunset.' Under 8 CFR 245.10(a)(3), 'approvable when filed' means the petition or application was properly filed, meritorious in fact, and non-frivolous (not patently without substance) based on the circumstances that existed at the time of filing. A filing that was approvable when filed preserves your grandfathered status even if it was later withdrawn, denied, or revoked due to circumstances arising after filing, such as the petitioner dying, a divorce, or the sponsoring employer going out of business. However, if an employer substituted a new beneficiary on a permanent labor certification on or before April 30, 2001, only the substituted beneficiary is grandfathered, and the original beneficiary loses grandfathering from that application.

Grandfathering attaches to the person, not just the petition. Once you establish that you are grandfathered, you keep that protection until you adjust to lawful permanent resident status. You can adjust using the original petition if it is still valid, or use a different family-based, employment-based, special immigrant, or Diversity Visa category you qualify for today.

Under 8 CFR 245.10(h), an asylum application, Diversity Visa lottery application, or Diversity Visa winning letter does not grandfather you. However, if you are already grandfathered through one of the five forms below, you can use a new Diversity Visa selection as your underlying basis to adjust status. Five forms can grandfather you:

• Form I-130, Petition for Alien Relative
• Form I-140, Immigrant Petition for Alien Worker
• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (including VAWA self-petitioners)|Form I-526, Immigrant Petition by Alien Entrepreneur (Investor)|Form ETA-750, Application for Alien Employment Certification, Parts A and B

The December 21, 2000 physical presence requirement

Only the principal beneficiary had to be present on December 21, 2000. The physical presence of derivative beneficiaries on that date is not relevant, though a grandfathered derivative beneficiary of a post-January 14, 1998 filing must still submit proof that the principal beneficiary was in the United States on December 21, 2000.

Under 8 CFR 245.10(n)(1), if you do not have a single document dated December 21, 2000, you may submit several documents showing presence in the United States shortly before and shortly after that date. USCIS places the greatest weight on government-issued records. A personal affidavit alone is never enough and must be backed up by other documentation or validated at an interview.

Whether you have to prove physical presence in the United States on December 21, 2000 (the date the LIFE Act was enacted) depends on when the qualifying petition or labor certification was filed, and you can use the government or non-government records below:

• Filed on or before January 14, 1998: You do not need to submit any evidence of physical presence on December 21, 2000.
• Filed between January 15, 1998, and April 30, 2001: You must prove that the principal beneficiary was physically present in the United States on December 21, 2000.
• Government-issued documents: Form I-94 Arrival-Departure Record, passport nonimmigrant visa page with entry stamp, Form I-512L parole document, Notice to Appear in Immigration Court, correspondence from a U.S. government agency, state driver's license or ID card, public school or college transcripts, county or municipal hospital records, and income or property tax records.
• Non-government documents: Pay stubs and payroll statements, lease agreements and rental receipts, utility bill receipts, bank and credit card statements showing transaction dates, canceled personal checks, private school records, and medical or doctor's records.

How spouses and children qualify under Section 245(i)?

USCIS divides family members of a grandfathered principal beneficiary into two groups depending on when the family relationship began.

1. Grandfathered derivative beneficiaries (relationship existed when the petition was filed on or before April 30, 2001). If you were the spouse or unmarried child under age 21 of the principal beneficiary on the date the qualifying petition or labor certification was properly filed, you are a grandfathered individual in your own right (provided the category allowed derivatives under INA Section 203(d)). You did not need to be named on the old petition. You keep 245(i) eligibility even if you later divorce the principal beneficiary, turn 21, or get married. You can adjust status independently on your own new petition or Diversity Visa win, and your own current spouse and children can accompany or follow to join you.

2. After-acquired family members (relationship began after the qualifying petition was filed, but before the principal adjusts status). If you married the grandfathered applicant or became their child after the qualifying petition or application was filed, you are not grandfathered in your own right. You can only use Section 245(i) as a dependent accompanying or following to join that principal applicant while they are adjusting status under Section 245(i). You can also apply after they adjusted under Section 245(i), as long as your relationship existed when they became a permanent resident and they remain a permanent resident.

If the accompanying (or following-to-join) spouse and children were properly inspected and admitted or paroled and are not subject to the INA 245(c) bars, the spouse and children need not file a Supplement A and may simply seek adjustment under INA 245(a) by filing only Form I-485.

Worked case example: In February 2000, a bakery in Chicago properly filed an approvable Form ETA-750 labor certification for Mateo, who was married to Elena and had a 14-year-old son, Lucas. Mateo was in Chicago on December 21, 2000, shown by his 2000 pay stubs and a December 2000 utility bill. In 2002, the bakery closed, and in 2005, Mateo and Elena divorced. Today, Lucas is 40, married to Priya (who entered without inspection in 2015), and has an approved Form I-140 from his employer. Because Lucas was Mateo's unmarried child under 21 when the ETA-750 was filed in February 2000, Lucas is a grandfathered derivative in his own right. Even though he aged out and married, Lucas can adjust under Section 245(i) as a principal applicant using his own Form I-140, by submitting Mateo's 2000 ETA-750 receipt, Lucas's birth certificate, and proof of Mateo's presence in the U.S. on December 21, 2000. Priya, as Lucas's current accompanying spouse, can also adjust under Section 245(i) alongside him.

Filing Form I-485 Supplement A and the $1,000 statutory sum

To adjust under Section 245(i), you must be physically present in the United States, have an immigrant visa immediately available to you, and file both Form I-485 and Form I-485 Supplement A. Each person applying under Section 245(i) must submit a separate Form I-485 and a separate Supplement A.

You can file Supplement A at the same time as Form I-485, or while your previously filed Form I-485 is still pending (attach a copy of the Form I-797 receipt notice for your pending I-485). USCIS accepts Supplement A by mail or online. If you already have a pending Form I-485 with a receipt number that starts with 'IOE', you can file Supplement A online by itself through your USCIS online account. For filings postmarked or submitted electronically on or after September 18, 2026, USCIS only accepts the 09/18/26 edition of Form I-485 and rejects earlier editions.

If you are in removal proceedings before an Immigration Judge (meaning DHS served you with Form I-221, I-122, I-862, or I-863 filed with the Immigration Court), you file Supplement A with the Immigration Court and submit a copy to USCIS following the pre-order instructions from the DHS attorney.

Along with the standard Form I-485 filing fee (listed on USCIS Form G-1055), each 245(i) applicant must pay an additional $1,000 sum before USCIS adjudicates the Form I-485. The statutory sum is an absolute statutory eligibility requirement, is not a fee, and may not be waived. However, under 8 CFR 245.10(c), you are exempt from paying the additional sum if, at the time you file for adjustment, you are unmarried and under 17 years of age, or the spouse or unmarried child under 21 years of age of a legalized alien who qualifies for Family Unity Benefits and has properly filed Form I-817, Application for Family Unity Benefits (attach a copy of the Form I-797 receipt or approval notice for Form I-817).

Checklist of evidence to assemble for your 245(i) filing (from the Form I-485 Supplement A Instructions and USCIS Policy Manual Volume 7, Part C, Chapter 4):

• Proof of the grandfathering filing: Copy of the Form I-797 receipt or approval notice for the pre-April 30, 2001 immigrant petition (I-130, I-140, I-360, or I-526) naming the principal beneficiary, or copy of Form ETA-750 bearing a state workforce agency or DOL date stamp or receipt letter dated on or before April 30, 2001.
• Proof the old filing was approvable when filed (if never approved, or later withdrawn, denied, or revoked): Birth or marriage certificates, joint bank or insurance records for marriage cases, or old business licenses, W-2s, tax records, and degree certificates for employment cases showing it was meritorious when filed.
• Proof of physical presence on December 21, 2000 (if filed between January 15, 1998, and April 30, 2001): Government and non-government records showing the principal beneficiary was in the U.S. on that date.
• Proof of family relationship (for derivatives and dependents): Marriage certificate, birth certificate, or adoption decree showing your relationship to the principal beneficiary at the time of the 2001 filing (for grandfathered derivatives) or currently (for accompanying or following-to-join family members).
• Proof of your current immigrant visa basis: Copy of the Form I-797 approval or receipt notice for the current petition you are adjusting on (or concurrently filed petition, or Diversity Visa selection), plus your standard Form I-485 package (two passport photos, photo ID, birth certificate, Form I-693 medical exam, and Form I-864 Affidavit of Support if required).

Admissibility and why you should not travel outside the U.S.

Section 245(i) waives the adjustment bars in INA 245(a) and (c) and excuses the ground of inadmissibility under INA Section 212(a)(6)(A)(i) for being present in the United States without admission or parole. It does not waive any other ground of inadmissibility under INA Section 212(a).

If you have another ground of inadmissibility, such as fraud or willful misrepresentation, certain criminal history, a prior removal order, or an unfulfilled J-1 two-year foreign residence requirement under INA Section 212(e), you cannot adjust under Section 245(i) unless you qualify for and obtain a waiver (such as Form I-601 or Form I-212) or other relief. Applicants who are deportable for engaging in terrorist activities under INA Section 237(a)(4)(B) (the INA 245(c)(6) bar) are ineligible to adjust under Section 245(i).

Warning on Advance Parole and leaving the United States: While a Form I-485 is pending, applicants can generally apply for work authorization (Form I-765) and an Advance Parole travel document (Form I-131). However, USCIS warns Section 245(i) applicants directly: if you have accrued 180 days or more of unlawful presence in the United States and then depart the country, even if you obtained an Advance Parole document before leaving, your departure will trigger the 3-year or 10-year unlawful presence bar under INA Section 212(a)(9)(B). In most instances, Section 245(i) does not forgive that bar.

What happens at the I-485 interview for a 245(i) case

Under 8 CFR 245.6 and the USCIS Policy Manual (Volume 7, Part A, Chapter 5 and Part C, Chapter 5), all adjustment of status applicants must be interviewed by a USCIS officer unless USCIS waives the interview on a case-by-case basis. USCIS policy specifically lists entering the United States without inspection, or having unresolved issues about your manner of entry, as a reason to relocate an adjustment file to a local field office for an in-person interview.

For family-based adjustment cases, USCIS generally requires the Form I-130 petitioner to attend the interview alongside the principal adjustment applicant, and all derivative applicants must appear regardless of the immigrant visa category. If you are not fluent in English, you may bring a competent, disinterested interpreter who will present a valid government ID and sign an interpreter's oath (Form G-1256). Read our full walkthrough of the I-485 interview and, if you are adjusting through a spouse, our step-by-step guide to the marriage green card interview.

After the interview, the officer issues a written decision. For how long decisions take and what status updates mean, see our guide on what happens after the green card interview. If USCIS approves your application, you become a lawful permanent resident as of the approval date shown on Form I-797 and your green card (Form I-551). If USCIS denies a Section 245(i) application, there is no direct administrative appeal. However, the denial notice will explain how to file a motion to reopen or reconsider on Form I-290B. You may also renew your adjustment application before an Immigration Judge if you are placed in removal proceedings.

At a Section 245(i) interview, the officer conducts a two-step review: first verifying that you are a grandfathered individual (or the current accompanying spouse or child of one) and that the $1,000 sum was paid, and second verifying that you qualify for your underlying immigrant category, are admissible, and merit a favorable exercise of discretion. Expect the officer to verify these points against your file:

• How your grandfathering petition was filed: The officer checks the pre-April 30, 2001 Form I-797 or ETA-750, your relationship to the principal beneficiary if you are a derivative, and whether that old petition was ever used by someone else to get a green card.
• Whether an unapproved 2001 petition was approvable when filed: If the 2001 petition was denied, withdrawn, or revoked, be ready to answer questions and show documents proving the marriage or job offer was genuine when filed in 2001.
• Where the principal beneficiary was on December 21, 2000: If the qualifying petition was filed between January 15, 1998, and April 30, 2001, the officer checks the tax, work, school, or medical records you submitted for late 2000, especially if you included a personal affidavit.
• Your manner of entry and full U.S. stay history: The officer confirms the dates of every entry and exit to check whether you triggered a separate inadmissibility bar.
• Changes or corrections on Form I-485 and Supplement A: The officer verifies that you understood every question on both forms, lets you update anything that changed since filing, and has you re-sign and date the application at the end of the interview.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, U.S. Customs and Border Protection (CBP) or any government agency.