Adjustment of Status 2017-09-19T01:31:11+00:00

Adjustment of Status

A person who qualifies to be a permanent resident may, if eligible, apply to obtain a green card without leaving the United States.

This procedure is called “adjustment of status”. Generally, the law requires that to apply for adjustment of status, a person must have entered the U.S. legally and have never violated his or her immigration status.

Adjustment of status is governed by the provisions of section 245 of the Immigration and Nationality Act.

However, there are numerous exceptions to this general rule. For example, if a person is applying for adjustment of status pursuant to an employment-based immigrant visa petition, section 245(k) provides that he is eligible to do so as long as he has not been out of status for over 180 days since his most recent admission to the U.S.

Section 245(i) provides that certain persons with old priority dates may pay a fine and adjust their status despite entering the U.S. illegally or entering lawfully, and violating or overstaying their nonimmigrant status.

Finally, persons who are “immediate relatives” (parents, spouses and citizens of U.S. citizens) may adjust their status despite the same type of illegalities excused by section 245(i) without having to pay a fine.

We hope that the following articles assist you in becoming a lawful permanent resident of the U.S. through adjustment of status:

• How Do I Become a Lawful Permanent Resident While In The United States? (USCIS)

• Pending Employment-Based I-485 Inventory (USCIS)

• USCIS Issues Revised Employment Authorization Document (5-25-10)

• Two-Year EAD FAQ (6-12-08)

• USCIS to Issue Two-Year Employment Authorization Documents (6-12-08

• Advance Parole Travel Document (CBP)

• USCIS Civil Surgeons Locator

• USCIS Announces Direct Filing Instructions for Forms I-129F, I-131, I-140, I-360, I-485, I-765, and I-907 (6-21-07)

• USCIS Announces Flexible Response Times for Notices of Intent to Deny and Requests for Evidence (4-12-07)

• USCIS Announces Flexible Response Times for Notices of Intent to Deny and Requests for Evidence (4-12-07)

• USCIS Public Notice: Local Offices to Stop Processing and Producing EADs (7-28-06)

• Proposed Regulations re: RFEs and NOIDs (11-30-04)