Statutes · INA §245 / 8 U.S.C. §1255

INA §245 — Adjustment of status

INA §245 governs many applications for permanent residence inside the United States. Under §245(a), admission or parole, visa eligibility, admissibility and visa availability generally matter; marriage alone is not enough.

Published:

What the statute covers

Section 245(a) generally applies to a person inspected and admitted or paroled, and includes an approved VAWA self-petitioner route. The applicant must be eligible for an immigrant visa, admissible and have an immediately available visa when filing. The decision is discretionary. Form I-485 is the application, not an independent grant of eligibility.

Limits and practical context

Section 245(c) contains bars and exceptions. Immediate relatives of U.S. citizens are exempt from certain status and unauthorized-employment bars, but not every ground of inadmissibility or every adjustment restriction. Travel, prior removals and entry history require separate analysis under INA §212 and other provisions.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is INA §245 — Adjustment of status?

INA §245 governs many applications for permanent residence inside the United States. Under §245(a), admission or parole, visa eligibility, admissibility and visa availability generally matter; marriage alone is not enough.

What should I check before relying on this information?

Section 245(c) contains bars and exceptions. Immediate relatives of U.S. citizens are exempt from certain status and unauthorized-employment bars, but not every ground of inadmissibility or every adjustment restriction. Travel, prior removals and entry history require separate analysis under INA §212 and other provisions.

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