245(i) Adjustment of Status: Who Is Grandfathered and What It Fixes

Written by the Ellis Porter content team. This article has not been reviewed by an attorney. It is general information, not legal advice.

If an old problem is standing between you and a green card

Maybe you came into the United States without being inspected years ago. Or you overstayed, or worked before you had permission. Now a spouse, parent, or employer can sponsor you, and you have heard that something called 245(i) might let you finish the case here. That hope is reasonable. It is also narrow, and the details matter more than anything else on this page.

Section 245(i) of the Immigration and Nationality Act (INA) is a grandfather clause. It lets certain people adjust status (get a green card without leaving the US) even when a past entry or status problem would normally block them. In exchange, they file an extra form and pay an extra $1,000. The full rules sit in INA 245(i) and in the USCIS Policy Manual.

The rest of this guide answers the three questions people actually have. Am I grandfathered? What exactly does 245(i) fix? And what does it not fix?

Why 245(i) exists: the problem with 245(a)

Most people adjust under the general rule, INA 245(a). It requires that you were "inspected and admitted or paroled into the United States," that you are admissible, and that a visa is immediately available. On top of that, INA 245(c) lists bars that block adjustment for many people who were admitted.

The USCIS Policy Manual says 245(i) "may overcome any or all" of these reasons for 245(a) ineligibility, including when you:

• Last entered without being admitted or paroled after inspection;
• Are working or have ever worked in the US without authorization;
• Are not in lawful status on the day you file;
• Have ever failed to keep lawful status since entry;
• Were last admitted under the Visa Waiver Program (ESTA) or in transit without a visa;
• Are seeking an employment-based green card and are not in lawful nonimmigrant status; or
• Have ever violated the terms of your nonimmigrant status.

So 245(i) does not replace the normal process. It is a key for one specific lock: the 245(a) and 245(c) eligibility rules.

Am I grandfathered under 245(i)?

You are grandfathered if you were the principal or derivative beneficiary of a qualifying immigrant petition or labor certification that was properly filed on or before April 30, 2001. If that petition or application was filed after January 14, 1998, the principal beneficiary must also have been physically present in the US on December 21, 2000.

The Policy Manual’s grandfathering chapter lists the filings that count:

Two more tests apply. The filing had to be "properly filed," which for a petition generally means received or postmarked by April 30, 2001 with the correct fee and signature. And it had to be "approvable when filed," meaning it was meritorious in fact and non-frivolous at the time. For a marriage petition, USCIS says the marriage "must have been bona fide at its inception."

A few points that surprise people:

• The old petition did not have to be approved. USCIS says approval or denial "is not determinative," although a later denial generally means it was not approvable when filed, unless the denial came from circumstances that arose after filing.
• The old petition does not have to be the one you use now. You can be grandfathered through a 1999 labor certification and adjust today through a marriage.
• The current spouse or child (unmarried and under 21) of a grandfathered person may also qualify as a derivative.

The proof usually lives in a Form I-797 receipt or approval notice, or a date-stamped labor certification. If those papers are lost, the grandfathering question gets harder, not impossible. This is the part an attorney should review document by document.

What 245(i) does not fix

This is where many hopeful plans fall apart, so it is worth slowing down. 245(i) cures eligibility to adjust. It does not cure inadmissibility.

The Policy Manual’s eligibility list for 245(i) applicants includes, as separate requirements, that:

• An immigrant visa is immediately available when you file and when USCIS approves;
• You are admissible or eligible for a waiver of inadmissibility or other relief; and
• You merit "the favorable exercise of discretion."

In practice, that means grounds such as the unlawful presence bars in INA 212(a)(9) still need their own analysis. Under 212(a)(9)(C), for example, a person who was unlawfully present for more than one year in the aggregate, or was ordered removed, and then entered or tried to reenter without being admitted is inadmissible. 245(i) does not make that go away. The same is true for fraud or misrepresentation findings and many criminal grounds.

If your history includes more than one entry, a departure after a long overstay, or a removal order, treat 245(i) as one piece of the puzzle, not the answer.

The filing: Supplement A and the $1,000 sum

A 245(i) case is a normal adjustment application plus one extra form. According to the Policy Manual’s documentation chapter, you file:

1. Form I-485 with the correct filing fee;
2. Form I-485 Supplement A with the additional $1,000 sum, unless exempt;
3. Proof of grandfathering, such as the I-797 notice for the qualifying petition; and
4. The usual adjustment evidence, including the medical exam (Form I-693) and, where required, the affidavit of support.

As of the current USCIS fee schedule (Form G-1055, edition 10/16/26):

The $1,000 figure matches the regulation at 8 CFR 106.2. USCIS describes it as "an absolute statutory eligibility requirement," says it "is not a fee," and says it "may not be waived." It is paid with each adjustment application you file. If you need to refile, you pay it again.

You can file Supplement A with the I-485 or later while the I-485 is pending. USCIS’s adjustment of status page notes that if your pending I-485 has a receipt number beginning with IOE, you can file Supplement A online as a stand-alone form.

245(i) across categories: family, EB-1, EB-5, refugees, ESTA

The category you are adjusting in sets the base rules. 245(i) only matters if a 245(a) bar applies and you are grandfathered.

• Immediate relatives of US citizens. Spouses, unmarried children under 21, and parents of adult US citizens are already exempt from several 245(c) bars, including unauthorized work, being out of status, and a Visa Waiver Program admission, according to the Policy Manual. They usually need 245(i) only when the problem is an entry without inspection.
• EB-1, EB-2, EB-3. INA 245(k) forgives status, work, and visa violations totaling 180 days or less since your most recent lawful admission. Beyond that, a grandfathered worker may need 245(i).
• EB-5. Investors adjust through the same Form I-485, and the same 245(a) bars apply, so 245(i) is relevant only for grandfathered investors with a bar.
• Refugees and asylees. They adjust under INA 209, a separate provision, so 245(i) is generally not part of their case.
• ESTA entrants. A Visa Waiver admission bars adjustment under 245(c)(4) for everyone except immediate relatives (and VAWA applicants). A grandfathered ESTA entrant in another category may look to 245(i).

"New rules for adjustment of status" in 2026

Three developments matter for anyone relying on 245(i) today:

• Discretion is front and center. On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, which calls adjustment "a matter of discretion and administrative grace." It tells officers that failing to depart and violating the terms of admission are adverse factors that may need to be offset by "unusual or even outstanding equities." The memo also says USCIS will carefully review "the various pathways to discretionary adjustment of status" and may issue guidance for specific categories.
• A new Form I-485 edition. Since September 18, 2026, USCIS accepts only the 09/18/26 edition of Form I-485, with no grace period, to align with the Public Charge final rule.
• Travel is riskier. On August 13, 2026, the Board of Immigration Appeals ruled that leaving on advance parole is a "departure" for the unlawful presence bars. If you have a long overstay or entered without inspection, read our advance parole guide before any trip.

None of these changes the April 30, 2001 cutoff. They do mean a 245(i) file should be built to show why you deserve a favorable decision, not just that you are technically eligible.

Questions to answer before you file

Before you rely on 245(i), gather what you can and answer these honestly:

1. Do I have proof of a petition or labor certification filed on or before April 30, 2001 (receipt, approval notice, or stamped ETA 750)?
2. If it was filed after January 14, 1998, can I prove the principal beneficiary was in the US on December 21, 2000?
3. Was that old petition genuine and approvable when filed?
4. Is a visa available in my current category today?
5. Do I have any removal orders, departures after long overstays, reentries, or criminal history?

If questions 1 through 3 are yes and question 5 is no, 245(i) may be a real option. If question 5 is yes, the analysis is about inadmissibility and waivers, and that work should come first. For a general overview of how adjustment fits together, see our AOS immigration guide, and for document gathering, the adjustment of status document checklist.

How an Ellis Porter attorney helps

Whether an old filing grandfathers you, whether your history includes a bar 245(i) cannot cure, and how to present the discretionary case are questions that turn on paperwork and facts specific to you. A licensed Ellis Porter attorney can review your immigration history and old notices, confirm whether 245(i) applies, and tell you plainly if a different path, such as consular processing with a waiver, fits better. If your case is family based, our family-based immigration team is a good place to start.

This article is general information, not legal advice, and does not create an attorney-client relationship. Fees and policies change; confirm current amounts on the USCIS fee schedule before filing, and consult a licensed immigration attorney about your case.

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