INA245.com

Form I-485 Supplement A and $1,000 INA §245(i) Penalty

Home› INA §245(i) › Form I-485 Supplement A
INA §245(i) • Supplement A • Additional Statutory Sum

Form I-485 Supplement A and the $1,000 INA §245(i) Penalty

A person seeking adjustment of status under INA §245(i) generally must do more than prove grandfathering. Current regulations require the applicant to properly file Form I-485 and Supplement A to Form I-485 and, unless a narrow statutory exemption applies, submit an additional $1,000 statutory sum. Supplement A is not a separate green card application and cannot produce permanent residence by itself. It tells USCIS that the applicant is invoking §245(i) to overcome an adjustment problem such as entry without inspection, unauthorized employment, unlawful status, or another applicable INA §245(c) bar. Supplement A can be filed together with Form I-485 or added while a previously filed I-485 remains pending, but it cannot ordinarily be used to convert a case after USCIS has already finally adjudicated the adjustment application.

Terminology

The statute calls it an additional “sum”; USCIS treats it as a separate $1,000 Supplement A charge.

The $1,000 amount is commonly called the §245(i) penalty fee because it is paid in addition to the ordinary adjustment filing fee. The statutory text itself requires the applicant to remit an additional sum of $1,000, and current USCIS fee materials list a $1,000 charge for Form I-485 Supplement A except for the narrow exempt classes described below.

Three Filing Situations

Supplement A can enter the case at different stages

01

Filed With Form I-485

When the applicant knows at the outset that §245(i) is required, Form I-485 and Supplement A can be submitted together with the required fees and grandfathering evidence.

02

Added to Pending I-485

Current Supplement A instructions allow an applicant to file Supplement A after Form I-485 has already been filed, provided the I-485 remains pending.

03

Transfer Into §245(i)

A pending I-485 initially filed outside §245(i) can potentially be transferred to a qualifying §245(i) basis, but Supplement A and the additional $1,000 must then be submitted unless exempt.

One Payment Per §245(i) Adjustment Application

The $1,000 generally does not have to be paid again merely because the pending I-485 changes underlying basis.

USCIS policy expressly addresses transfer cases. If the applicant initially filed the pending adjustment application under INA §245(i) and already paid the required additional $1,000, the applicant does not pay the amount again when transferring the pending I-485 to another underlying basis, provided continuity of adjustment eligibility is maintained.

The opposite situation is different. If the original pending I-485 was not filed under §245(i) and the applicant later needs §245(i) to qualify after transferring the underlying basis, USCIS requires Supplement A and the additional $1,000 at that point unless an exemption applies.

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.
What Supplement A Does

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.
An old grandfathering petition and Supplement A do not themselves create a current immigrant visa. The applicant still needs a present basis for permanent residence.

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.

See Who Is Grandfathered Under INA §245(i)?.

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.

Pending Case

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.

Supplement A is not ordinarily a post-denial mechanism for retroactively converting a completed I-485 into a §245(i) application. A denied case may instead require reopening, reconsideration, a new I-485, immigration court litigation, or another procedural strategy depending on the circumstances.

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 is separate from the ordinary Form I-485 filing fee.

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:

  1. A qualifying child under 17 years of age; and
  2. Certain spouses or unmarried children under 21 of persons legalized under specified legalization provisions who satisfy the Family Unity requirements.
Being a derivative beneficiary does not, by itself, waive the $1,000. An adult spouse or child using §245(i) generally owes the statutory sum unless one of the specific exemptions applies.

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.

Age Is Measured at Filing

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.

This exemption does not apply merely because the applicant is married to an LPR or is the child of an LPR. It concerns specified historical legalization and Family Unity provisions.

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.

Inability to pay is not itself a statutory exemption.

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.
Always verify the current USCIS fee schedule at filing. Government filing fees can change even though the statutory §245(i) amount itself has remained $1,000.

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.
Supplement A Is Not Proof by Itself

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.

The grandfathering filing and the current immigrant petition perform different legal functions.

Supplement A when transferring the underlying basis of a pending I-485

Current USCIS transfer policy establishes two different rules.

Pending I-485 SituationSupplement A / $1,000 Result
Originally filed under §245(i), $1,000 already paid, basis later transferredNo 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 caseThe new application has its own filing and statutory-sum requirements.

See Changing the Underlying Basis in a §245(i) Case.

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.

Evaluate each family member separately. One family member may need §245(i) while another can adjust under ordinary §245(a).

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.

USCIS jurisdiction rules should not be assumed to apply identically in removal proceedings. Determine whether USCIS or EOIR has authority over the adjustment application before filing.

Common Supplement A mistakes

MistakeWhy It Matters
Filing Supplement A without Form I-485Supplement 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 feeMost §245(i) applicants also owe the additional $1,000.
Assuming derivative status means no $1,000Most adult derivatives owe it unless a specific exemption applies.
Waiting until after I-485 denialSupplement A generally must be filed while the adjustment case remains pending.
Paying the $1,000 twice after transferUSCIS 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

ItemPurpose
Form I-485The underlying adjustment application.
Current edition of Supplement ARequests adjustment under INA §245(i).
$1,000 statutory sumRequired unless applicant qualifies for a statutory exemption.
I-485 filing feeSeparate ordinary adjustment filing charge.
Qualifying old petition or labor certificationEstablishes grandfathering basis.
Proof of timely filingEstablishes January 14, 1998 or April 30, 2001 deadline compliance.
Approvable-when-filed evidenceEstablishes substantive historical eligibility.
December 21, 2000 evidenceRequired for specified later-period principal beneficiaries.
Current immigrant petitionEstablishes today's immigrant classification.
Pending I-485 receiptImportant when Supplement A is filed after Form I-485.
Form I-817 receipt or approvalRequired 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.

Primary Authorities

Supplement A and statutory-sum authorities

Legal content reviewed August 30, 2026. Current Supplement A instructions permit filing either together with Form I-485 or while a previously filed I-485 remains pending. INA §245(i) and current USCIS fee materials generally require an additional $1,000 statutory sum, with narrow exemptions for qualifying children under 17 and specified Family Unity spouses or children. USCIS transfer policy states that the $1,000 generally need not be paid again when an already pending §245(i) application changes underlying basis while continuity of eligibility is maintained.

Does a pending I-485 need to be converted to INA §245(i)?

The Messersmith Law Firm, P.A. handles complex §245(i) adjustment cases involving Supplement A, grandfathering evidence, old I-130 petitions, labor certifications, entry without inspection, unlawful status, unauthorized employment, transfer of underlying basis, immigration court proceedings, RFEs, NOIDs, and I-485 denials.

Schedule a Consultation