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Department of Homeland SecurityU.S. Citizenship and Immigration Services
Supplement A to Form I-485Adjustment of Status Under Section 245(i)
OMB No. 1615-0023; Expires 09/30/08
Instructions
NOTE: Use this form only if you are applying to the U.S. Citizenship and Immigration Services (USCIS) to adjust status tothat of a lawful permanent resident under section 245(i) of the Immigration and Nationality Act. USCIS is comprised ofoffices of the former Immigration and Naturalization Service (INS).

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 ofan 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 admissiblefor permanent residence, have an immigrant visa immediately available and, with some exceptions, have maintained lawfulnonimmigrant status. The alien must also not have engaged in unauthorized employment and must not be ineligible to adjust statusunder section 245(c) of the Act. If you meet all of these requirements, you do not have to submit this form when applying foradjustment 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 thoughsome of the conditions required by section 245(a) and (c) of the Act are not met. Aliens in the United States who have animmigrant visa immediately available, but who entered the United States without inspection, remained in the United Statespast the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245(c) ofthe 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 atleast 21 years of age, and if you were inspected and lawfully admitted to the United States other than in C-1 or S nonimmigrantstatus, you do not need to file this form.

Who May Use Supplement A to Adjust Status to That of LPR Under Section 245(i)?

You may apply for adjustment of status to that of LPR under section 245(i) if you:
Are physically present in the United States when the application is submitted; and
Have an immigrant visa number immediately available; and
Are admissible to the United States for permanent residence; and
Are the beneficiary of an approvable-when-filed visa petition, or an application for labor certification filed on or before April 30,2001; and
Pay a $1,000.00 penalty fee (unless exempted).
In addition, the alien must fall within one of the categories noted below:
Alien crewmen;
Aliens who work without authorization;
Aliens in unlawful immigrant status;
Aliens who fail to continuously maintain a lawful status since entry into the United States;
Aliens who were admitted in transit without visa;
Aliens admitted as nonimmigrant visitors under section 212(l) of the Act or under the Visa Waiver Program;
Aliens admitted as a nonimmigrant described in section 101(a)(15)(S) of the Act; or
Aliens seeking employment-based adjustment of status who are not in lawful nonimmigrant status.

Who Does Not Need to Use Supplement A to Form I-485?
You do not have to submit Supplement A to Form I-485 if you:
Are already an LPR; or
Have continuously maintained lawful immigration status in the United States since November 5, 1986; or
Are applying to adjust status as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least21 years of age, and you were inspected and lawfully admitted to the United States other than in C-1 or S nonimigrant status.

Although his wife is in the category of "failing to maintain a lawful status," but because she is a spouse of a US citizen, so they are exempted from $1,000 fine. I am 100% positively sure about it ka:)

จากคุณ : Thai girl - [ 5 ก.ค. 50 05:26:46 A:65.68.72.47 X: ]