Section 245(i) Grandfathering: When an Old Petition Can Still Matter

Section 245(i) can be powerful because it may allow certain people to apply for adjustment of status in the United States despite entry or status problems that would normally block adjustment. It does not create a new green card category; it only helps if the person also has a current immigrant visa basis and is otherwise admissible or eligible for needed waivers.

The key question is whether the person is grandfathered. That usually depends on a qualifying family petition or labor certification filed on or before April 30, 2001, that was properly filed and approvable when filed. If the qualifying filing was after January 14, 1998, the principal applicant may also need proof of physical presence in the United States on December 21, 2000.

Evidence can include old receipt notices, approval notices, labor certification records, FOIA responses, court records, tax records, school records, pay stubs, leases, utility bills, and other dated documents. Small gaps in names, dates, substitutions, or family relationships can change the analysis.

New Horizons Legal helps families investigate old filings, request records, and decide whether Supplement A to Form I-485 and the 245(i) penalty fee can support a current green card strategy.