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| Adjustment of Status |
Adjustment of status is a process that permits certain people in the United States to apply for lawful permanent residence status without having to go abroad. Not everyone qualifies. The following is a list of those who are not eligible:
- Alien crewman
- anyone who continues in or excepts unauthorized employment prior to filing or who is unlawful immigration status on date of filing or who has failed to maintain continuously a lawful status since entry into the U.S.
- any alien admitted in transit without a visa under §212(d)(4)(C)
- an alien (other than an immediate relative) who was admitted as a non-immigrant visitor under the visa waiver program
- aliens who are deportable
- any alien who seeks adjustment of status to that of an immigrant through an employment based preference and is not in a lawful non-immigrant status
- any alien who was employed while the alien was an authorized alien, or who has otherwise violated the terms of a nonimmigrant visa
Adjustment of status is discretionary and not automatic; in other words, you may technically be eligible for adjustment of status but nonetheless, your petition may be denied. This is well within the adjudicating officer's discretion. During the time your petition is pending, you may apply for an employment authorization document ("EAD") and should you wish to travel abroad, you may apply for advance parole. If your petition is denied, depending upon the circumstances of your case, you may be detained by ICE and held until removed; even if not detained, once your petition is denied, you must leave the United States.
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The information you obtain at this site is for educational purposes only and is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. | |
