245(i) provision — grandfathered AOS despite ineligibility

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.

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 ($1,225)
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

• USCIS 245(i) page: uscis.gov/forms/all-forms/form-i-485-supplement-a
• AILA 245(i) resources: contact local AILA chapter
• CLINIC: cliniclegal.org — pro bono and affordable assistance

Last verified: 2026-05-25.

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Related procedural information

• Consulate of your country in the US — passport renewal, consular ID, document apostille
• ITIN — file federal taxes without SSN — required regardless of immigration status
• USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
• Find an immigration attorney — pro bono lists + AILA + BIA-recognized
• Know Your Rights — ICE encounters — constitutional protections

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