245(i) Adjustment of Status: Understanding Eligibility and Process

For many undocumented immigrants or those who entered the U.S. without inspection, applying for a green card through traditional means often seems out of reach. That’s where 245(i) adjustment of status comes in—a rare but powerful provision that can open a door that would otherwise stay shut. If you or someone in your family has an old immigration petition from before a certain date, this option might still be on the table. 

At Tourzani & Long, LLC, we’ve helped individuals and families explore whether they qualify under this lesser-known but still relevant law. Here’s what you need to know about eligibility, the process, and how it might apply to your situation. 

What Is 245(i)?

Section 245(i) of the Immigration and Nationality Act allows certain individuals to adjust their status in the U.S.—even if they entered the country without inspection, overstayed a visa, or worked without authorization. Under normal circumstances, those actions would disqualify someone from applying for a green card inside the U.S., forcing them to leave the country and face long-term bars from reentry. 

But under 245(i), if you were the beneficiary of a qualifying petition or labor certification filed on or before April 30, 2001, you may be eligible to apply for a green card while remaining in the U.S.—as long as you meet a few additional requirements. 

Who Qualifies for 245(i)?

To qualify, you must meet these basic conditions: 

• You were the beneficiary of an immigrant petition (Form I-130 or I-140) or a labor certification application filed on or before April 30, 2001 

• The petition was “approvable when filed”, meaning it was valid and properly submitted 

• If your petition was filed between January 15, 1998, and April 30, 2001, you must also prove that you were physically present in the U.S. on December 21, 2000 

The petitioner does not need to be the same person sponsoring your current green card application. In some cases, people who were included as derivatives—like a child listed on a parent’s petition—can still benefit from 245(i) years later, even if they’re now applying as adults through a different category. 

What Is the Process?

If you qualify under 245(i), you can adjust your status by filing: 

• Form I-485, Application to Register Permanent Residence or Adjust Status 

• Supplement A to Form I-485, which triggers the 245(i) provision 

• A copy of the qualifying petition or labor certification (the one filed on or before April 30, 2001) 

• Evidence of physical presence on December 21, 2000 (if required) 

• Filing fee, including the $1,000 penalty fee associated with 245(i) eligibility 

From there, your application is processed like any other adjustment of status request. You may be scheduled for a biometrics appointment and a green card interview, and you’ll need to meet all other requirements for admissibility—just like anyone else applying for a green card inside the U.S. 

Why This Provision Still Matters

Although the law hasn’t been updated in over 20 years, 245(i) remains one of the only legal pathways for people who entered the U.S. without inspection and don’t qualify for other forms of relief. In communities with long-standing undocumented populations, we still meet clients who are eligible but didn’t realize it. 

Sometimes, a petition filed for a parent decades ago still protects an adult child today. We’ve had clients discover that a forgotten labor certification from the 90s suddenly makes them eligible to adjust their status now. It all comes down to the timing and type of the original filing—and whether you were included in it. 

Common Mistakes to Avoid

One mistake we see is assuming you’re eligible just because you were present in the U.S. in 2001. That’s not enough—you need the petition or labor certification filed by the deadline, and it must have been valid. 

Another is assuming that because the petitioner has passed away or the relationship no longer exists, 245(i) can’t help. That’s not always true. Even if the original petitioner is no longer involved, you may still qualify for 245(i) protection through a new application. 

We also see people apply without including Supplement A or forgetting to pay the penalty fee, both of which are critical for USCIS to consider your case under this section of the law. 

Let’s Find Out If You Qualify

245(i) cases are some of the most complex—but also some of the most rewarding—because they can give people a chance at lawful permanent residence after years of living in the shadows. At Tourzani & Long, LLC, we’ve helped clients discover eligibility through old petitions they thought were long forgotten, and we take the time to investigate each situation fully. 

If you think you might qualify under 245(i)—or just want help checking your immigration history—we’re here to help. We serve clients across immigration categories and welcome inquiries from all backgrounds. Visit tourzanilaw.com to schedule a consultation. It never hurts to ask.