Adjustment of Status

Adjustment of status is a process that allows certain non-citizens who are physically present in the United States to apply for lawful permanent resident status (also known as a green card) without having to return to their home country. This process is typically only available to individuals who are already in the United States in a nonimmigrant status, such as on a student visa, temporary worker visa, or as a refugee or asylee.

To be eligible for adjustment of status, an individual must meet certain requirements, including being admissible to the United States, having a valid immigrant petition, and having an immigrant visa immediately available.

The process of adjusting status begins with the filing of an application with the U.S. Citizenship and Immigration Services (USCIS). The application includes supporting documentation, such as proof of the individual's identity, relationship to a qualifying relative, and any other evidence that is required to support the application.

If the application is approved, the individual will be granted a green card, which allows them to live and work in the United States permanently. If the application is denied, the individual may be able to appeal the decision to the Board of Immigration Appeals (BIA).

Adjustment of status can be a complex process, and it is important for individuals to seek the advice of an experienced immigration attorney to ensure that their application is properly prepared and filed.

Adjustment of Status Exceptions:

Adjustment of status is a process through which an individual who is in the United States can apply to become a lawful permanent resident, or green card holder, without having to return to their home country. This process is typically only available to individuals who are already in the United States legally, either on a temporary visa or as a nonimmigrant.

There are two exceptions to this requirement: section 245(i) and section 245(k). These provisions allow certain individuals who are in the United States unlawfully to still be eligible for adjustment of status.

Section 245(i) applies to individuals who were present in the United States without authorization on or before December 21, 2000 and who have a qualifying family member or employer who filed a petition for their immigrant visa before April 30, 2001. These individuals can apply for adjustment of status as long as they pay a $1,000 fine and meet all other eligibility requirements.

Section 245(k) applies to individuals who have accumulated 180 days or more of unlawful presence in the United States. These individuals are typically barred from returning to the United States for three or ten years, depending on the length of their unlawful presence. However, if they are eligible for a green card and have a qualifying family member or employer who filed a petition for their immigrant visa, they may be able to apply for adjustment of status under section 245(k).

Both section 245(i) and section 245(k) allow certain individuals who are in the United States unlawfully to apply for adjustment of status, but they both have strict eligibility requirements and are not available to everyone. It is important to consult with an immigration attorney to determine if you are eligible for adjustment of status under these provisions.