We often encounter clients who have overstayed their visas, entered the U.S. without inspection, or otherwise accrued unlawful presence — yet still wish to adjust their status to lawful permanent residents (green card holders). One of the most powerful, but often misunderstood, forms of relief available in such situations is Section 245(i) of the Immigration and Nationality Act (INA).
In this guide, we’ll explain what 245(i) is, who qualifies, how to apply, and answer the most frequently asked questions.
What is INA Section 245(i)?
Section 245(i) is a special provision of immigration law that allows certain undocumented immigrants or those otherwise ineligible for adjustment of status to apply for a green card from within the United States — without leaving the country — even if they entered illegally, overstayed a visa, or violated their status.
Ordinarily, such individuals would be required to leave the U.S. and attend a consular interview abroad — which can trigger bars to re-entry. However, if they are eligible under 245(i), they can adjust status within the U.S. after paying a penalty fee.
History of INA Section 245(i)
INA 245(i) was first enacted in 1994 and extended multiple times by Congress. However, the last significant deadline for eligibility was:
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April 30, 2001: Applicants must have been the beneficiary of an immigration petition or labor certification application filed on or before this date to qualify.
This cutoff date remains the most critical component of eligibility.
Who Qualifies for 245(i) Adjustment?
To qualify for adjustment of status under 245(i), you must meet the following criteria:
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You are the beneficiary (or derivative beneficiary) of a:
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Form I-130 (family-based immigrant petition)
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Form I-140 (employment-based immigrant petition)
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Labor Certification (ETA-750 or PERM)
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Diversity Visa lottery selection
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Certain other qualifying applications
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Your petition or labor certification was filed on or before:
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January 14, 1998, OR
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April 30, 2001 (if you were physically present in the U.S. on December 21, 2000)
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You are otherwise eligible to adjust status (i.e., an immigrant visa is immediately available to you)
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You pay the $1,000 penalty fee
Physical Presence Requirement (For April 30, 2001 Filings)
If your qualifying petition was filed between January 15, 1998 and April 30, 2001, you must prove you were physically present in the U.S. on December 21, 2000. This requirement does not apply to those with earlier priority dates.
Acceptable proof includes:
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Pay stubs
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School records
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Rent receipts
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Medical records
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Bank statements
Derivative Beneficiaries
Spouses and children (under 21) of the principal beneficiary may also qualify as derivative beneficiaries — even if the family relationship was created after the petition was filed, as long as the relationship existed before the principal adjusted status.
How Much Does It Cost?
In addition to standard USCIS fees for Form I-485 (Adjustment of Status), you must pay a $1,000 penalty fee for 245(i) eligibility. This is paid via Form I-485 Supplement A.
Why Is 245(i) Important?
For many immigrants, 245(i) is the only path to a green card without leaving the U.S., which avoids the:
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3- or 10-year unlawful presence bars
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Risks of consular processing
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Time apart from family
245(i) and Other Forms of Relief
You may still apply for:
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Work permits (via Form I-765)
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Advance parole (Form I-131)
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Waivers, if needed
245(i) does not eliminate inadmissibility, but allows you to remain in the U.S. while applying.
Frequently Asked Questions (FAQs) About INA 245(i)
1. What is INA Section 245(i) in simple terms?
It’s a law that allows certain undocumented immigrants to apply for green cards inside the U.S., even if they entered without a visa or overstayed.
2. Is 245(i) still in effect today?
Yes, but only for people whose qualifying petitions were filed on or before April 30, 2001. No new petitions qualify under this rule.
3. Can I use 245(i) if my petition was filed after 2001?
No. Only petitions or labor certifications filed before April 30, 2001 qualify.
4. What is the penalty fee under 245(i)?
It’s a $1,000 fee paid along with your green card application using Form I-485 Supplement A.
5. What documents prove physical presence on December 21, 2000?
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School records
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Pay stubs
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Tax returns
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Bank statements
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Rent receipts
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Medical or employment records
6. Can my spouse and children benefit from 245(i)?
Yes, if they are derivative beneficiaries. They may adjust with you if the relationship existed before you adjusted status.
7. Can I apply for a work permit under 245(i)?
Yes, after filing Form I-485, you may also submit Form I-765 to request a work permit.
8. Can 245(i) help if I have a deportation order?
It depends. You may need to reopen your case or seek other forms of relief. Consult an attorney.
9. What if I left the U.S. and reentered illegally?
245(i) may still apply, but your reentry could create additional legal complications. Legal advice is critical.
10. What if the petition was denied or withdrawn?
You may still qualify if the petition was “approvable when filed” — meaning it was valid and had a real qualifying relationship.
11. What does “approvable when filed” mean?
It means the petition had no obvious errors and would likely have been approved based on the facts and the law at the time of filing.
12. Can I still adjust status if my petitioner died?
Possibly. There are humanitarian and survivor provisions available in some cases.
13. What if I didn’t know about a petition filed for me before 2001?
You may still benefit from it — if you can obtain proof of the filing and that it was approvable when filed.
14. Can I use 245(i) with a new petition?
Yes, if you are grandfathered under an old petition, you can adjust under a new immigrant petition today.
15. What forms do I need to file under 245(i)?
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Form I-485 (Adjustment of Status)
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Form I-485 Supplement A
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Form I-130/I-140/PERM (if not already filed)
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Form I-765 (optional, work permit)
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Form I-131 (optional, travel)
16. Does 245(i) waive other grounds of inadmissibility?
No. It only allows adjustment despite unlawful entry or status violations. You may still need waivers for other grounds.
17. Can I travel outside the U.S. after applying under 245(i)?
Only if you apply for and receive Advance Parole (Form I-131). Leaving without it may trigger reentry bars.
18. What’s the difference between 245(i) and 245(a)?
245(a) is for those who entered legally and remained in status. 245(i) helps those who entered without inspection or fell out of status.
19. Is there any chance Congress will extend 245(i) again?
Possibly, but no new extensions have occurred since 2001. Advocacy and legislative reform could change this.
20. Do I need a lawyer for a 245(i) case?
Yes. These cases are complex and require careful documentation. An experienced immigration lawyer can help prove eligibility, avoid mistakes, and prepare a strong application.
Why You Should Act If You May Qualify for 245(i)
Even though the filing window for INA 245(i) has closed, if you or a family member had a petition filed before April 30, 2001, you may still be eligible for green card adjustment without leaving the country.
At our immigration law firm, we’ve helped countless clients successfully adjust their status under 245(i) — even years after their initial petition was filed. We understand the nuances of the law and can help you:
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Determine your eligibility
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Prove physical presence
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Track down old petitions
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File necessary waivers or applications
Need Help with a 245(i) Immigration Case?
If you believe you might be eligible for adjustment under INA 245(i), don’t wait. Contact our experienced immigration attorneys today for a confidential consultation. We’ll evaluate your case, review your history, and explain your legal options.
