INA Section 245(i) is a narrow but powerful provision allowing certain people to adjust status in the US despite normally being barred — specifically those who entered without inspection or accumulated unlawful presence — IF they had certain immigration petitions filed for them before April 30, 2001.

⚠️ Policy update (May 21, 2026): USCIS Policy Memo PM-602-0199 describes adjustment of status (Form I-485) as a matter of discretion and an “extraordinary” relief not designed to supersede consular processing abroad, and reminds officers to weigh all positive and negative factors in each case. Where this page describes adjusting status inside the US, expect heavier discretionary scrutiny and document positive ties thoroughly. Details: Adjustment of status vs consular processing.

Critical: Very narrow eligibility — pre-2001 sponsorship required

This is the key date: April 30, 2001. If you (or your spouse or parent) had a qualifying petition filed BEFORE this date, you may be “grandfathered” and eligible for AOS despite EWI entry, overstay, or unlawful work.

Qualifying pre-April 2001 petitions

  1. Family-based I-130 filed by USC or LPR sponsor
  2. Labor Certification (Form ETA-750) with US employer

The petition must have been:

  • “Approvable when filed” — substantively meritorious (didn’t have to be APPROVED yet, just approvable)
  • Filed on or before April 30, 2001

Eligibility (all must be met)

  1. You are the principal beneficiary of pre-April 2001 petition OR you are spouse/child of someone who is
  2. You are physically present in US
  3. You are admissible (no aggravated felonies, etc.)
  4. A visa number is currently available for you
  5. You pay $1,000 fine + I-485 fee ($1,440)
  6. You have an approved I-130 or other immigrant petition that gives you eligibility now

The process

Step 1: Verify grandfathering eligibility

  • Locate the original pre-2001 petition (USCIS records search may be needed)
  • Verify it was “approvable when filed”
  • Document the connection (you’re the beneficiary, spouse, or child)

Step 2: Have a current eligible petition

  • New I-130 filed by current USC spouse OR
  • Original I-130 was you (grandfathered) and current sponsor still valid OR
  • Employment-based petition (PERM + I-140)

Step 3: File I-485 with 245(i) provision

  • Form I-485 (Adjustment of Status)
  • Form I-485 Supplement A (245(i) request)
  • $1,000 penalty fee
  • All other normal I-485 documentation

Step 4: USCIS reviews and decides

  • 8-18 months processing
  • Interview required typically

Derivative beneficiaries (family of grandfathered)

If you’re “grandfathered” under 245(i):

  • Spouse (married at time of filing AND still married) can also adjust
  • Children under 21 (at time of filing AND still under 21 OR aged-out under CSPA) can adjust

If you’re THE original beneficiary’s spouse or child (and they got grandfathered status), you can be a “derivative grandfathered person” and use 245(i) yourself.

Common scenarios

“I came to US in 1998 with my parents, my mom married a USC in 1999”

  • Mom filed I-130 for you with USC stepfather BEFORE April 30, 2001
  • IF that petition was approvable when filed, you are GRANDFATHERED
  • Even if you grew up undocumented, you may now use 245(i) to adjust status

“My grandfather filed an I-130 for my mom in 1995”

  • That makes mom grandfathered
  • IF you were under 21 in 1995 AND unmarried, you may be derivative-grandfathered
  • Mom doesn’t need to be in US currently for you to benefit

What it does NOT do

  • 245(i) does NOT excuse aggravated felonies or serious crimes
  • 245(i) does NOT eliminate the 3/10-year bar for those who LEAVE the US
  • 245(i) does NOT apply to those who entered without sponsor petition pre-2001

Why it matters

For people who entered EWI or overstayed before 2001 (a HUGE population now in their 40s-60s), 245(i) is sometimes the ONLY path to AOS without leaving the US (and triggering the 3/10-year bar).

Many people don’t know they qualify. Search USCIS records for pre-2001 petitions.

What to AVOID

  • Filing without consulting attorney — 245(i) is complex
  • Missing the pre-2001 grandfather status (search USCIS records)
  • Letting the relationship status change (divorce can affect derivative eligibility)
  • Not paying the $1,000 penalty (filing rejected)

Resources

Last verified: 2026-09-24.

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General procedural information based on official sources. Not personalized legal advice.