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What is the Purpose of this Form
Section 245 of the Immigration and Nationality Act (the Act) allows the Attorney General in his or her discretion to adjust the status of an alien to that of a lawful permanent resident (LPR), in lieu of consular visa processing, while the alien remains in the United States. In order to be eligible, the alien must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence, have an immigrant visa immediately available and, with some exceptions, have maintained lawful nonimmigrant status. The alien must also not have engaged in unauthorized employment and must not be ineligible to adjust status under section 245(c) of the Act. If you meet all of these requirements, you do not have to submit this form when applying for adjustment of status to that of LPR.
Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though some of the conditions required by section 245(a) and (c) of the Act are not met. Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245(c) of the Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.
NOTE: If you are applying to adjust as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age, and if you were inspected and lawfully admitted to the United States other than in C-1 or S nonimmigrant status, you do not need to file this form.