Who Needs to File Supplement A with Form I-485?
Understanding Adjustment of Status Under INA Section 245(i)
Adjustment of Status under Immigration and Nationality Act (INA) Section 245(i) is a crucial provision. It allows certain undocumented immigrants to apply for Lawful Permanent Resident (LPR) status, or a Green Card, from within the United States. This process effectively waives specific grounds of inadmissibility, simplifying the adjustment of status.
Key Inadmissibility Grounds Waived
Section 245(i) provides a legal lifeline by waiving the bars to change of status related to:
- Entering the U.S. without inspection (EWI).
- Failing to continuously maintain lawful status (overstaying a visa).
- Working without authorization
The “Grandfathering” Requirement and Deadline
Eligibility hinges on the concept of “grandfathering.” A qualifying immigrant visa petition or labor certification must have been filed on behalf of the principal immigrant by a specific deadline for adjustment of status under 245(i). It is essential for the change of immigration status consideration.
The physical presence requirement does not apply to derivative beneficiaries (spouses or children).
The petition used for grandfathering does not need to be the one ultimately used for the adjustment of status, but it must have been “approvable when filed”—meaning it was factually meritorious and non-frivolous at the time of submission.
Application Process and Fees
To utilize the benefit of 245(i), an applicant must:
Have an immigrant visa immediately available according to the Visa Bulletin.
File Form I-485, Application to Register Permanent Residence or Adjust Status.
File Form I-485 Supplement A, Adjustment of Status Under Section 245(i), which is mandatory and must be accompanied by a $1,000 penalty fee.