Contact: 949.903.0088 email:
Immigration Services > Adjustment of Service > INA 245(i) Adjustment of Status of Amnesty

INA 245(i) allows some aliens, who are eligible for permanent residence based on a family relationship or job offer to become lawful permanent residents (with green cards) without leaving the United States. Most aliens who have entered the United States without being inspected, overstayed their visa or otherwise violated the immigration laws of the United States in some way, are unable to adjust status to lawful permanent resident without leaving the United States.

However, INA 245(i) states that if an I-130, I-140, I-360 or labor certification was filed with USCIS on behalf of the alien before April 30, 2001, the alien may be able adjust status and receive a green card without leaving the United States. If the visa petition or labor certification was filed between January 14, 1998 and April 30, 2001, the alien must prove that h/she was in the United States on December 21, 2000.

Under INA 245(i), the alien must pay a penalty fee of $1000 along with the standard processing fees for the I-485, biometrics and other processing fees.

It is possible for the alien to use the grandfathering petition file before April 30, 2001 more than once. If an alien applies for 245(i) adjustment and is denied, s/he can apply again. The alien can use the petition until s/he is granted lawful permanent resident status; however, each time the alien applies for adjustment of status, s/he must pay the $1,000 penalty fee.

Additionally, the alien's name does not necessarily need to be listed as a beneficiary on the visa petition approval notice. Derivative beneficiaries of the approved petition can use the grandfathering petition to adjust under INA 245(i). This process can be extremely complex and fact-specific; it is important to consult with an experienced immigration attorney.

INA 245(i) can be used to adjust status during immigration court proceedings as well. Individuals who have been issued a notice to appear in immigration court may be eligible to adjust to lawful permanent resident if they are the beneficiary or derivative beneficiary of a visa petition filed before April 30, 2001.

Contact The Nuñez Firm to discuss the possible benefits of INA 245(i). Consultations are always confidential.

< Back to Adjustment of Status

  If You would Like to Provide a Testimonial of Our Services, Please Fill-out the Below Form


The information contained in The Nuñez Firm Web Site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
No recipients of content from this Site, clients or otherwise, should act or refrain from acting on the basis of any content included in the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this Web Site contains general information and may not reflect current legal developments, verdicts or settlements. The Nuñez Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Site.
Any information sent to The Nuñez Firm via Internet e-mail or through The Nuñez Firm Web Site is not secure and is done so on a non-confidential basis. The transmission of The Nuñez Firm Web Site, in part or in whole, and/or communication with The Nuñez Firm via Internet e-mail through this Site does not constitute or create an attorney-client relationship between The Nuñez Firm and any recipients. The firm does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this Web Site.


Adjustment of Status : I-130 • I-485 I-751 • INA 245(i ) K-3 Visas Removal of Conditions of Permanent Residence
Business Visas
: H1-B
• L1 O-1 • P-1 • Labor Certificate/PERM • TN • E-1 • E-2 • E-3 • EB-1 • EB-2 • EB-3 • EB-4 • EB-5
Deportation: Release on Bond • Deportation Defense • Asylum • Cancellation of Removal • 212(c) Relief •TPS • Motions to Reopen • Appeals
Family Based: Immediate Relative Visa Petition I-130 • Fiance Visa • I-751 Removals • I-751 Denials • Visa Petition for the Deceased
Naturalization: Unreasonable Delay • Denials & Appeals • Marriage Based Green Cards Unreasonable Processing Delays
Consular Processing: Visa Interviews at ConsulateVisa Delays, Denials and Appeal • Extreme Hardship Waivers
Other Visas: F-1 • M-1J-1 • EB-2 • U Visa • T Visa • Domestic Abuse Visa • Religious Worker Visa • HumanTrafficking Visas • Fraud Waivers

The Nunez Firm: About the Nunez FirmImmigration Court Info • Immigration Forms • Processing TImes • Visa Bulletin
Immigration Law Blog • Contact Us • Sitemap

18101 Von Karman Ave, STE 330 IrvineCA 92612 (map)

Copyright © 2014 The Nuñez Firm, P.C. All Rights Reserved.
site design by hikanoo

The Nuñez Firm is Dedicated to Protecting and Advancing Immigrant Rights in Orange County and Greater Southern California, including: Aliso Viejo, Anaheim, Anaheim Hills, Brea, Buena Park, Costa Mesa, Corona Del Mar, Coto De Caza, Cypress, Dana Point, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Ladera Ranch, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Palma, Long Beach, Los Alamitos, Mission Viejo, Newport Beach, Newport Coast, Oceanside, Orange, Placentia. Rancho Santa Margarita, Riverside, Santa Ana, San Bernardino, San Clemente, San Juan Capistrano, Seal Beach, Stanton, Tustin, Vista, Westminster, Yorba Linda, Whittier, Villa Park