Adjustment of status
Adjustment of status is the process that a person uses to change from one non-immigrant status to another or from non-immigrant status to lawful permanent resident. In certain cases a person may also adjust status to lawful permanent residence despite the fact that they currently hold no immigration status. MyRights Immigration Law Firm represents applicants for adjustment of status under all applicable sections of the Immigration and Nationality Act (INA). See below for the basic requirements for some of the most common types of adjustment cases.
Every application for adjustment of status requires an evaluation of eligibility and admissibility. The following provides basic guidelines but guarantee that a person is eligible. Please schedule an appointment to discuss your individual case with one of our immigration attorneys.
Policy to Know
To be eligible to adjust status under INA 245(a) a person must:
- Have been inspected and admitted or paroled into the United States;
- Be eligible to receive an immigrant visa and be admissible to the United States; and
- Have an immigrant visa immediately available to him at the time the application is filed.
Adjustment of Status 2To have an immigrant visa immediately available, the applicant must have previously been the beneficiary of a family petition with form I-130 or a petition from an employer with form I-140. Please note that in certain cases the petition may be filed concurrently with the application for adjustment of status. Additionally, if the petition placed the beneficiary in a preference category, the visa bulletin must demonstrate that the visa is currently available.
Adjustment under INA 245(a) is unavailable to persons who have worked unlawfully in the United States or to persons who are in unlawful immigration status on the date of filing the application. See INA 245(c)(2). This may be overcome if the family petition was filed by an immediate relative as defined under INA 201(b).
To be eligible to adjust status under INA 245(i) a person must:
- Be eligible to receive an immigrant visa and be admissible to the United States;
- Have an immigrant visa immediately available to him at the time the application is filed; and,
- Be the beneficiary of a family petition or employer petition on or before April 30, 2001 and have been physically present in the United State on December 21, 2000; or
- Be the beneficiary of a family petition or employer petition on or before January 14, 1998 (no physical presence requirements).
lpr-cardAdjustment under INA 245(i) allows a person to become a lawful permanent residence despite the restrictions under INA 245(a) and INA 245(c). However, INA 245(i) does not overcome any ground of inadmissibility under INA 212(a), except 212(a)(6)(A)(i) for unlawful entry, and the applicant may be required to file a waiver of inadmissibility if available.
In certain cases a petition may be filed concurrently with the application for adjustment of status.
To be eligible to adjust status under INA 245(m) a person must:
- Have been admitted into the United States under INA 101(a)(15)(U) – “U Visa”;
- Have been physically present in the United States for a continuous period of at least 3 years since obtaining the U visa; and
- Demonstrate the applicant’s continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest.
Each non-immigrant visa is given for a specific purpose in traveling to the United States. For example a tourist visa is given to allow a person to travel for tourism but does not allow work or study. If a person wants to change the purpose of a visit, that person must change status to the appropriate visa. For example a person who enters as a tourist but would like to study must apply for a change of status to a Student Visa.
To apply for the change of nonimmigrant status a person file form I-539 with the evidence demonstrating eligibility for the sought status.