Instructions For Supplement A To Form I-485, Adjustment Of Status Under Section 245(I) (Page 4 of 11) in pdf

What Evidence Must You Submit to Establish Your Eligibility for Adjustment of Status under INA

Section 245(i)?

You must submit all evidence requested in these Instructions with your Supplement A. If you fail to submit required

evidence, USCIS may reject or deny Form I-485 and Supplement A for failure to submit requested evidence or supporting

documents in accordance with 8 CFR 103.2(b)(1) and these Instructions.

You must submit documentation to prove Items 1. - 4. below.

1. You:

A. Are or were the principal beneficiary of an immigrant petition or application for permanent labor certification

that was properly filed on or before April 30, 2001, and which was approvable when filed;

B. Are or were a derivative beneficiary (the principal beneficiary’s spouse or unmarried child under 21 years of age

at the time the qualifying petition or application was filed) of an immigrant petition or application for permanent

labor certification that was properly filed on or before April 30, 2001, and which was approvable when filed; or

C. Are currently the spouse or an unmarried child under 21 years of age who is eligible to accompany or follow-

to-join a principal or derivative beneficiary described in Items A. or B. above, and the principal or derivative

beneficiary is currently applying for or was granted adjustment of status under INA section 245(i).

Documentation. To prove the existence of a qualifying petition or application, submit an official document showing

either:

A. The filing or approval of the immigrant petition (Form I-797, Notice of Action), which contains the principal

beneficiary’s name; or

B. The filing or approval of the permanent labor certification application (Form ETA-750), which contains the

principal beneficiary’s name.

If you qualify to apply for adjustment of status under INA section 245(i) because you are or were a derivative

beneficiary of a qualifying petition or application, you must prove the required relationship to the principal beneficiary

by submitting a marriage certificate (for spouse) or birth certificate (for child). This evidence must show that the

claimed relationship existed at the time the qualifying petition or application was properly filed. You do not need to

show that the relationship still exists.

If you qualify to apply for adjustment of status under INA section 245(i) because you are the current spouse or an

unmarried child under 21 years of age of a person who is or was the principal or derivative beneficiary of a qualifying

petition or application, you must submit evidence of your current relationship to the principal applicant.

2. The qualifying immigrant petition or application for permanent labor certification was properly filed.

An immigrant petition is considered properly filed if the:

A. Petitioner properly signed the petition;

B. Petitioner submitted the correct filing fee; and

C. Petition was physically received at a designated USCIS office (then known as the Immigration and Naturalization

Service (INS)) on or before April 30, 2001, or was mailed with a postmark on or before April 30, 2001 (regardless

of when INS received it).

A permanent labor certification application is considered properly filed if the U.S. Department of Labor (or a

designated state workforce agency) accepted the application on or before April 30, 2001, under applicable Federal

regulations at the time.

Form I-485 Supplement A Instructions 12/13/17 N

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Instructions For Supplement A To Form I-485, Adjustment Of Status Under Section 245(I) Page 4