What is the purpose of Form I-485 Supplement A?
Current USCIS instructions state that an applicant should use Supplement A when seeking adjustment under INA §245(i).
The form allows USCIS to determine whether the applicant qualifies for the special adjustment mechanism available to certain grandfathered persons who otherwise encounter an INA §245(a) or §245(c) problem.
Common reasons an applicant needs §245(i) include:
- Entry without inspection;
- Unauthorized employment;
- Unlawful immigration status;
- Failure to maintain continuously a lawful status;
- Employment-based status bars under INA §245(c)(7);
- Other applicable classes enumerated in §245(c); or
- A combination of these problems.
Supplement A identifies the applicant as seeking adjustment under INA §245(i) and provides the factual information USCIS needs to evaluate grandfathering and §245(i) eligibility.
Supplement A is not a standalone adjustment application
USCIS expressly states that a person cannot adjust status by filing Supplement A alone.
The applicant must also have a Form I-485 and must qualify for an immigrant visa through a legally recognized immigrant basis, such as:
- Family-based immigration;
- Employment-based immigration;
- A qualifying special immigrant category;
- Diversity Visa selection; or
- Another adjustment category that can lawfully support the I-485.
Who uses Supplement A?
Current USCIS instructions identify several categories:
- A principal beneficiary of a qualifying petition or labor certification filed on or before January 14, 1998;
- A principal beneficiary of a qualifying filing made from January 15, 1998 through April 30, 2001 who satisfies the December 21, 2000 physical-presence requirement;
- A qualifying derivative beneficiary of either filing period;
- A derivative whose principal satisfies the applicable December 21, 2000 requirement; and
- Certain current spouses or children eligible to accompany or follow to join a qualifying grandfathered principal or derivative.
Supplement A can be filed at the same time as Form I-485
The cleanest filing posture is often to submit Supplement A with Form I-485 when the applicant already knows §245(i) is necessary.
The filing package can then include:
- Form I-485;
- Supplement A;
- The applicable Form I-485 filing fee;
- The additional $1,000 statutory sum unless exempt;
- Evidence of grandfathering;
- Evidence of the current immigrant classification;
- Evidence of visa availability;
- Form I-693 where appropriate under current filing rules;
- Affidavit of Support where required;
- Identity and civil documents; and
- Any waiver or other evidence required by the individual case.
Supplement A can also be added while Form I-485 remains pending
Current Supplement A instructions expressly permit filing after Form I-485 has already been submitted, provided the adjustment application remains pending.
USCIS instructs an applicant filing Supplement A later to include the receipt information for the pending I-485.
A person who originally filed an I-485 without Supplement A may still be able to invoke §245(i) before USCIS finally adjudicates the application.
This can become important when USCIS raises an unexpected §245(a) or §245(c) issue during adjudication.
Do not wait until after USCIS finally adjudicates the I-485
Current USCIS policy states that an applicant may not file Supplement A after USCIS has adjudicated Form I-485.
If the $1,000 statutory sum is required, it likewise must be submitted before final adjudication.
The additional $1,000 statutory sum
INA §245(i) states that the adjustment application may be accepted under the provision only if the applicant remits an additional $1,000 sum, unless the applicant falls within a statutory exemption.
Current USCIS Form G-1055 lists:
- Form I-485 Supplement A — general filing: $1,000;
- Qualifying child under 17: $0; and
- Specified qualifying Family Unity spouse or child: $0.
The $1,000 exemption is narrow
Most adult §245(i) applicants must pay the additional amount.
Current statute, regulation, USCIS policy, and fee materials recognize two principal exempt groups:
- A qualifying child under 17 years of age; and
- Certain spouses or unmarried children under 21 of persons legalized under specified legalization provisions who satisfy the Family Unity requirements.
Exemption for a child under age 17
The statute exempts a child under the age of 17 from the additional $1,000 sum.
Current USCIS fee materials describe this as an unmarried child under 17 years of age.
The exemption depends on the applicant's qualifying age when the §245(i) adjustment application is filed.
A child who does not owe the $1,000 may still need Supplement A if §245(i) is the legal mechanism being used for adjustment.
Family Unity exemption
The second exemption is specialized and should not be confused with ordinary family-based immigration.
Current USCIS materials exempt a qualifying:
- Spouse; or
- Unmarried child under 21
of a legalized noncitizen who qualifies for Family Unity Benefits and has properly filed Form I-817.
USCIS directs the applicant to submit a copy of the Form I-817 receipt or approval notice as evidence.
Can USCIS waive the $1,000 because of financial hardship?
Not through the ordinary discretionary fee-waiver process.
The Supplement A instructions state that USCIS cannot waive the $1,000 charge. The applicant must either pay it or establish that one of the statutory exemptions applies.
The $1,000 is separate from other adjustment fees
A §245(i) applicant may therefore have several distinct government charges depending on the case:
- Form I-485 filing fee;
- $1,000 Supplement A statutory sum;
- Form I-765 fee where applicable;
- Form I-131 fee where applicable;
- Immigrant petition fees;
- Waiver filing fees where required; and
- Other category-specific charges.
Supplement A should be supported by evidence of grandfathering
The applicant should establish the historical basis for §245(i), including as applicable:
- Copy of the qualifying immigrant petition;
- Form I-797 receipt or approval notice;
- Old labor certification or ETA 750;
- Evidence of the original filing date;
- Evidence the filing was approvable when filed;
- Evidence of derivative relationship;
- December 21, 2000 physical-presence evidence where required;
- Substitution records for old labor certifications; and
- USCIS or DOL records where the original filing is missing.
Checking the §245(i) boxes on the form does not establish grandfathering. The historical eligibility must be documented.
The current immigrant basis can be completely different from the grandfathering filing
The old pre-April 30, 2001 filing establishes access to §245(i).
The applicant can potentially use a later:
- U.S. citizen spouse petition;
- Family-preference petition;
- EB-1 petition;
- EB-2 NIW;
- PERM-based I-140;
- EB-5 petition;
- Special immigrant petition;
- Diversity Visa selection; or
- Other proper basis
as the immigrant classification supporting today's I-485.
Supplement A when transferring the underlying basis of a pending I-485
Current USCIS transfer policy establishes two different rules.
| Pending I-485 Situation | Supplement A / $1,000 Result |
|---|---|
| Originally filed under §245(i), $1,000 already paid, basis later transferred | No second $1,000 payment is generally required if continuity of adjustment eligibility is maintained. |
| Originally filed under ordinary §245(a), later transferred to a basis requiring §245(i) | Supplement A and the $1,000 statutory sum must be submitted unless exempt. |
| Applicant files a separate new §245(i) I-485 instead of transferring pending case | The new application has its own filing and statutory-sum requirements. |
Does every spouse or child file Supplement A?
Not necessarily.
USCIS policy recognizes that an accompanying or following-to-join spouse or child who was properly inspected and admitted or paroled and is not subject to an applicable §245(c) bar may be able to adjust under ordinary §245(a) without invoking §245(i).
A dependent who personally needs §245(i), however, should file Supplement A and satisfy the applicable statutory-sum requirement.
Supplement A in immigration court proceedings
INA §245(i) adjustment may also arise where an immigration judge has adjustment jurisdiction.
The substantive requirements remain important:
- Grandfathering;
- Current immigrant classification;
- Visa availability;
- Admissibility;
- Supplement A;
- The $1,000 statutory sum unless exempt; and
- Favorable discretion.
Separate filing and court-fee rules can apply when the I-485 is filed with or adjudicated by the Immigration Court.
Common Supplement A mistakes
| Mistake | Why It Matters |
|---|---|
| Filing Supplement A without Form I-485 | Supplement A is not a standalone adjustment application. |
| Assuming an old petition approval automatically proves §245(i) | Filing date, beneficiary identity, physical presence, and approvable-when-filed issues may still require proof. |
| Paying only the ordinary I-485 fee | Most §245(i) applicants also owe the additional $1,000. |
| Assuming derivative status means no $1,000 | Most adult derivatives owe it unless a specific exemption applies. |
| Waiting until after I-485 denial | Supplement A generally must be filed while the adjustment case remains pending. |
| Paying the $1,000 twice after transfer | USCIS policy says a second payment is not generally required when the same pending §245(i) application retains continuity. |
| Using Supplement A to conceal inadmissibility | §245(i) does not waive independent INA §212 grounds. |
Supplement A filing checklist
| Item | Purpose |
|---|---|
| Form I-485 | The underlying adjustment application. |
| Current edition of Supplement A | Requests adjustment under INA §245(i). |
| $1,000 statutory sum | Required unless applicant qualifies for a statutory exemption. |
| I-485 filing fee | Separate ordinary adjustment filing charge. |
| Qualifying old petition or labor certification | Establishes grandfathering basis. |
| Proof of timely filing | Establishes January 14, 1998 or April 30, 2001 deadline compliance. |
| Approvable-when-filed evidence | Establishes substantive historical eligibility. |
| December 21, 2000 evidence | Required for specified later-period principal beneficiaries. |
| Current immigrant petition | Establishes today's immigrant classification. |
| Pending I-485 receipt | Important when Supplement A is filed after Form I-485. |
| Form I-817 receipt or approval | Required evidence for specified Family Unity fee exemption. |
Frequently asked questions
Is Supplement A the same thing as Form I-485?
No. Form I-485 is the adjustment application. Supplement A is the additional filing used when the applicant seeks adjustment under INA §245(i).
How much is the §245(i) penalty fee?
The additional statutory sum is $1,000 for most applicants. It is separate from the ordinary Form I-485 fee.
Can the $1,000 be waived for financial hardship?
No through an ordinary discretionary fee waiver. The applicant must pay the amount unless a statutory exemption applies.
Who does not have to pay the $1,000?
The principal exemptions are a qualifying child under 17 and certain qualifying spouses or unmarried children under 21 of legalized persons who satisfy the specified Family Unity requirements.
Can Supplement A be filed after my I-485?
Yes, while the I-485 remains pending. Current USCIS instructions expressly permit Supplement A to be filed after Form I-485.
Can I submit Supplement A after USCIS denies my I-485?
Not as a simple conversion of the already adjudicated application. Other procedural options may exist, but Supplement A ordinarily must be filed while the I-485 remains pending.
If I transfer my pending I-485 to another petition, do I pay another $1,000?
Not generally if the pending I-485 was already being adjudicated under §245(i), the $1,000 was previously paid, and continuity of adjustment eligibility is maintained.
What if my I-485 was originally filed under ordinary §245(a), but I now need §245(i)?
USCIS policy requires Supplement A and the additional $1,000 when a pending application is transferred into §245(i), unless the applicant qualifies for an exemption.