Instructions For Form I-485 Supplement A printable pdf download

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Instructions for Supplement A to Form I-485,

Department of Homeland Security

Adjustment of Status Under Section 245(i)

U.S. Citizenship and Immigration Services

Instructions

NOTE: Use this form only if you are applying to U.S. Citizenship and Immigration Services (USCIS) to adjust status to that

of a lawful permanent resident under section 245(i) of the Immigration and Nationality Act (INA).

What Is the Purpose of This Form?

Section 245 of the INA allows the Attorney General in his or her discretion to adjust the status of an alien to that of a lawful permanent

resident (LPR), in lieu of consular visa processing, while the alien remains in the United States. In order to be eligible, the alien must

have been inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence, have an

immigrant visa immediately available and, with some exceptions, have maintained lawful nonimmigrant status. The alien must also not

have engaged in unauthorized employment and must not be ineligible to adjust status under section 245(c) of the INA. If you meet all

of these requirements, you do not have to submit this form when applying for adjustment of status to that of LPR.

Section 245(i) of the INA allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though

some of the conditions required by section 245(a) and (c) of the INA are not met. Aliens in the United States who have an

immigrant visa immediately available, but who entered the United States without inspection, remained in the United States

past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245(c) of

the INA must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.

NOTE: If you are applying to adjust as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at

least 21 years of age, and if you were inspected and lawfully admitted to the United States other than in C-1 or S nonimmigrant status,

you do not need to file this form.

Who May Use Supplement A to Adjust Status to That of LPR Under Section 245(i)?

1. You may apply for adjustment of status to that of LPR under section 245(i) if you:

A. Are physically present in the United States when the application is submitted;

B. Have an immigrant visa number immediately available;

C. Are admissible to the United States for permanent residence;

D. Are the beneficiary of an approvable-when-filed visa petition, or an application for labor certification filed on or before

April 30, 2001; and

E. Pay a $1,000 penalty fee (unless exempted).

2. In addition, you must fall within one of the categories noted below:

A. Alien crewmen;

B. Aliens who work without authorization;

C. Aliens in unlawful immigrant status;

D. Aliens who fail to continuously maintain a lawful status since entry into the United States;

E. Aliens who were admitted in transit without visa;

F. Aliens admitted as nonimmigrant visitors under section 212(l) of the INA or under the Visa Waiver Program;

G. Aliens admitted as a nonimmigrant described in section 101(a)(15)(S) of the INA; or

H. Aliens seeking employment-based adjustment of status who are not in lawful nonimmigrant status.

Form I-485 Supplement A Instructions 01/17/17 N Page 1

Instructions For Form I-485 Supplement A