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5. You have ever failed to continuously maintain a lawful status since entry into the United States, unless your failure to

maintain status was through no fault of your own or for technical reasons.

6. You were last admitted to the United States in transit without a visa.

7. You were last admitted to the United States as a nonimmigrant visitor without a visa, under the Guam and

Commonwealth of the Northern Mariana Islands Visa Waiver Program, and you are not a Canadian citizen.

8. You were last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program

(see ).

9. You are seeking employment-based adjustment of status, and you are not maintaining a lawful nonimmigrant status on

the date of filing your application for adjustment of status.

10. You have ever violated the terms of your nonimmigrant status.

If the bars do not apply to you or you are exempt, then you do not need to adjust under INA section 245(i) and you should

not file Supplement A.

Grounds of Inadmissibility

If you are inadmissible to the United States, you may not adjust to lawful permanent resident status. You can find the

grounds of inadmissibility listed in INA section 212(a) at

If you are inadmissible, you may be eligible for a waiver or other form of relief. If your waiver application or other form

of relief is granted, USCIS may approve your application to adjust status.

You can learn more about waivers and other forms of relief by reading the Instructions for Form I-601, Application for

Waiver of Grounds of Inadmissibility, at

and Form I-212, Application for Permission to Reapply for

Admission into the United States After Deportation or Removal, at

What Immigrant Petitions and Permanent Labor Certification Applications Qualify Under INA

Section 245(i)?

You may use one of the following petitions and applications to qualify under INA section 245(i), if it was properly filed

and approvable when filed on or before April 30, 2001:

1. Form I-130, Petition for Alien Relative;

2. Form I-140, Immigrant Petition for Alien Worker;

3. Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (including VAWA self-petitioners);

4. Form I-526, Immigrant Petition by Alien Entrepreneur; or

5. Form ETA-750, Application for Alien Employment Certification, Parts A and B.

If you are using an immigrant petition to show that you qualify for adjustment under INA section 245(i), provide the

receipt number of the petition in Part 2. Eligibility, Item Number 2. (if available). If you are using a permanent labor

certification application to qualify, you do not need to complete Item Number 2.

NOTE: If you use one of the petitions listed above to qualify to apply under INA section 245(i), you may be able to use

the same petition to establish eligibility for an immigrant visa, or you may establish eligibility for an immigrant visa based

on another petition or on being selected for a Diversity Visa for the current fiscal year.

Form I-485 Supplement A Instructions 06/26/17 N

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Instructions For Form I-485 Supplement A - Adjustment Of Status Under Section 245(I) Page 3