Form I-485 Supplement A, Explained
Learn more about the form to adjust status under section 245(i) of the Immigration and Nationality Act
What is Form I-485 Supplement A?
Form I-485 Supplement A, officially titled “Adjustment of Status Under Section 245(i)” is a special form (separate from the usual Form I-485 for adjustment of status) that is used by certain individuals to apply for permanent residence.
In this guide, we’ll cover who should file Supplement A based on their eligibility under Section 245(i) of the Immigration and Nationality Act (INA), how to file the supplemental form, and what costs to expect.
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Who Should File Form I-485 Supplement A?
Form I-485 Supplement A is specifically designed for individuals who are eligible to adjust their status under Section 245(i) of the Immigration and Nationality Act (INA). This provision allows certain individuals who entered the United States without inspection or who have otherwise violated their status to apply for adjustment of status without having to leave the country.
Breaking Down Section 245(i) of the INA
Section 245(i) allows certain eligible individuals who are already in the U.S. to apply for adjustment of status to lawful permanent resident (green card holder) without having to leave the country. This provision is particularly beneficial for individuals who entered the U.S. without inspection or who have violated their status but have a qualifying family member or employer who can sponsor them for a green card.
To be eligible under Section 245(i), individuals must meet one of the following criteria:
- You have had an immigrant visa petition or labor certification application filed on your behalf on or before January 14, 1998.
- You have had an immigrant visa petition or labor certification application filed on your behalf between January 15, 1998 and April 30, 2001 AND you were physically present in the U.S. on December 21, 2000.
- You are the “derivative beneficiary” of an immigrant petition or labor certification application filed on or before January 14, 1998, or between January 15, 1998 and April 30, 2001.
Applicants filing under Section 245(i) must also meet other eligibility requirements, such as having an immigrant visa immediately available to them and being admissible to the U.S. Overall, Section 245(i) has provided a pathway to lawful permanent residency for many individuals who would otherwise face significant barriers to adjusting their status.
Key Components of Form I-485 Supplement A
Here are some of the key components to be aware of when filling out the I-485 Supplement A form:
- Personal Information: Provide accurate and up-to-date personal information, including your full name, date of birth, country of birth, and other relevant details.
- Eligibility Criteria: Ensure that you meet the eligibility requirements under Section 245(i) of the INA (as mentioned above).
- Supporting Documentation: Include all necessary supporting documents, such as copies of the original immigrant petition or labor certification, evidence of relationship to the primary applicant (if applicable), and any other documentation required by U.S. Citizenship and Immigration Services (USCIS).
- Signature: Sign and date the form as required. Failure to sign the form may result in rejection or delays in processing.
How to File
You can only file Supplement A if you also file/have previously filed Form I-485 (Application to Register Permanent Residence or Adjust Status).
Supplement A is typically filed at the same time as your main Form I-485. If you have a pending Form I-485 and you’d like to retroactively file an I-485 Supplement A, be sure to include a copy of the I-797 receipt notice for your pending Form I-485 when filing your Form I-485 Supplement A.
Before filing, make sure to check USCIS’ Direct Filing Addresses for Form I-485 page to see where you should file your application.
I-485 Supplement A Cost
The current fee to file Form I-485 Supplement A is $1000. This fee is in addition to the fee required for Form I-485, and it must be paid directly to USCIS at the time of filing.
Boundless tip
If you filed Form I-485 separately, attach a copy of your filing receipt which proves that you only need to pay the additional $1000 Supplement A fee.