Section 245(i): Adjusting Status Despite Unlawful Entry or Status Violations

Immigration » Immigration resources » Section 245(i)

Most people who entered without inspection, or who worked or fell out of status, cannot adjust status inside the United States. Section 245(i) is an important exception. It lets certain people who are “grandfathered” apply for a green card from inside the country and pay an additional statutory penalty fee, instead of leaving to apply at a consulate.

Who is grandfathered

• A person who is the beneficiary of a visa petition or a labor certification application that was properly filed on or before April 30, 2001, and that was approvable when filed.
• If the petition or application was filed after January 14, 1998, the beneficiary must also have been physically present in the United States on December 21, 2000.
• Spouses and unmarried children under 21 of a grandfathered person can sometimes use the grandfathering as derivatives, even if the derivative relationship came later.

What 245(i) does

• It allows adjustment despite entry without inspection.
• It excuses certain status violations and unauthorized employment that would otherwise block adjustment.
• It does not erase other problems, such as certain criminal grounds or the unlawful presence bars, which may still need a waiver.

Proof usually needed

• A copy of the qualifying petition or labor certification and proof of timely filing, such as a receipt or approval notice.
• Evidence that the petition was not frivolous or fraudulent when filed.
• For the December 2000 presence rule: leases, pay records, medical records, school records or other documents dated that day or near it.
• A supplement form and the required additional payment filed with the adjustment application.

Why this matters for planning

If you or a family member was ever on an old petition, we can check whether grandfathering applies before you consider leaving the country. Do not assume an old, denied or withdrawn petition is useless. In some cases it still counts.

Back to adjustment of status eligibility.

Related guides

• Adjustment of status
• Inadmissibility waivers
• Consular processing vs adjustment
• Visa Bulletin

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This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.