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INA §245(i)

Section 245(i) of the Immigration and Nationality Act (INA), as amended by the Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub. L. 106-553 and -554), enables certain individuals who are present in the United States who would not normally qualify to apply for adjustment of status in the United States to obtain lawful permanent residence (get a Green Card) regardless of:

INA §245(i) Generally

What is INA §245(i) ?

Section 245(i) of the Immigration and Nationality Act (INA), as amended by the Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub. L. 106-553 and -554), enables certain individuals who are present in the United States who would not normally qualify to apply for adjustment of status in the United States to obtain lawful permanent residence (get a Green Card) regardless of:

To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative, or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001. You must complete Supplement A to Form I-485, Application to Register Permanent Residence or Adjust Status, to apply under Section 245(i) provisions and submit it with your Form I-485. In most cases, you must also pay an additional $1,000 fee.

Eligibility Criteria

You may be eligible to receive a Green Card through section 245(i) if you:

Depending on the circumstances, a spouse or child of a grandfathered individual may also be a grandfathered or may be eligible to adjust status as a dependent under section 245(i) of the INA.

Qualifying Petition or Labor Certification

Labor certifications or visa petitions filed to preserve an individual’s adjustment eligibility under Section 245(i) must be both “properly filed” (signed and submitted with the correct fees) and “approvable” (meritorious based on the facts and “non-frivolous”) when filed. To meet this test at a minimum, the filing must be timely (filed by April 30, 2001) and meet all applicable substantive requirements (“approvable when filed”). Deficiencies such as lack of fee or original signature disqualify the submissions.


If the Petition Or Labor Certification Is Withdrawn, Denied Or Revoked

If you withdraw the petition, or if USCIS or the former Immigration or Naturalization Service (INS) denied or revoked your petition after approval, you may still be grandfathered, depending on whether the visa petition or labor certification was “approvable when filed.” To remain eligible, the changed circumstances must relate to factors beyond your control rather than the merits of the petition at the time of filing.

If the Petitioner Dies Or The Employer Otherwise Is Unable To Maintain The Petition

As long as the petition or labor certification application was “approvable when filed,” you should remain grandfathered if the:


Adjustment of Status Under INA §245(i)

You should submit all of the following evidence with your Form I-485:


USCIS Web Page on 245i