8 CFR § 245.10 - Adjustment of status under INA 245(i)
INA 245(i) · grandfathered alien · April 30, 2001 · approvable when filed
Source reviewed 2026-10-01A filing from twenty-five years ago can still change today’s adjustment analysis.
An Immigration Petition Filed Before April 30, 2001: Why INA 245(i) Can Still Matter
How INA 245(i) grandfathering can matter for certain people with an old immigrant petition or labor certification filed on or before April 30, 2001, including physical-presence rules and the “approvable when filed” requirement.
Direct answer
Short answer
8 CFR § 245.10 preserves INA 245(i) grandfathering for certain beneficiaries of qualifying immigrant petitions or labor-certification applications properly filed on or before April 30, 2001 and approvable when filed. For qualifying filings after January 14, 1998, the principal beneficiary generally must also prove physical presence in the United States on December 21, 2000. Grandfathering can survive some later changes to the original petition, but it does not erase inadmissibility or automatically create an immigrant visa.
On this page
The old filing can be the key even if it is not today’s Green Card basis
The regulation allows a grandfathered person, in appropriate circumstances, to adjust on another approved visa petition or other qualifying basis. The original filing can preserve 245(i) treatment without remaining the final immigrant category.
Filed before the deadline is not enough
The qualifying petition or labor certification must have been properly filed and approvable when filed, meaning meritorious in fact and non-frivolous under the regulation.
For many post-January 14, 1998 filings, December 21, 2000 matters
The principal grandfathered beneficiary may need documentary proof of physical presence in the United States on that date. The regulation lists government and non-government records that can help establish it.
245(i) fixes selected adjustment bars. It does not clean the whole record.
The applicant still needs an immigrant visa immediately available and must be admissible or have applicable inadmissibility grounds waived. Grandfathering also does not stop unlawful presence from accruing.
Questions people actually ask
Frequently asked questions
Does the old petition have to still be approved today?
Not always. The regulation preserves grandfathering in some cases where a qualifying petition was later withdrawn, denied, or revoked because of circumstances arising after filing, so long as it was approvable when filed.
Can a spouse or child benefit from the old 245(i) filing?
The regulation includes certain spouses and children in the grandfathering framework, but derivative and later-family-member rules are technical and require record-specific review.
Does 245(i) forgive fraud or criminal inadmissibility?
No. It addresses adjustment eligibility barriers specified by law. Separate inadmissibility grounds still require their own analysis.
Authority and current-source review
Official sources supporting this page
These links identify primary or official materials used to control material legal and procedural statements. They are not a substitute for advice about a particular matter.
USCIS Policy Manual, Volume 7, Part C, Chapter 2: Grandfathering Requirements
grandfathering · qualifying petition · approvable when filed · principal and derivative beneficiaries
Source reviewed 2026-10-01The next useful move
Old files, current rules, one clean strategy
Bring the old petition, labor certification, criminal disposition, N-400 history, police report, certification request, employment record, or asylum timeline that actually drives the question. The legal category should come from the record, not the rumor.
Important legal and service limitations
General U.S. immigration information only. This page is not legal advice, does not create an attorney-client relationship, and does not guarantee eligibility, approval, admission, permanent residence, relief, or any other result.