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.

“I am a Los Angeles-based news reporter, who hired Carl and his team of attorneys to help me acquire permanent residency in the United States. Carl has extensive experience both as an INS Prosecutor, and in private practice, which gives him a thorough understanding of the entire immigration process. He is also well-versed in U.S. immigration policy, and keeps up with the latest trends in immigration law.” (More client reviews…)

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 non-immigrant 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:

• Immigration Video: Adjustment of Status  
• How Do I Become a Lawful Permanent Resident While In The United States? (USCIS)
• Advance Parole Travel Document (CBP)
• USCIS Civil Surgeons Locator
• USCIS FAQ on AP/EAD Cards
• 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)
• USCIS: Section 245(k)’s Application to 245(c) for Certain Employment-Based Applications (7-14-08)
• USCIS Regulation on Travel by Persons in H/L Status Who Have Applied for Adjustment of Status (11-01-07)
• 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 Memo: FBI Name Checks Policy and Process Clarification for Domestic Operations (12-21-06)
• USCIS Public Notice: Local Offices to Stop Processing and Producing EADs (7-28-06)
• USCIS Memo re: RFEs and NOIDs (2-16-05)
• Proposed Regulations re: RFEs and NOIDs (11-30-04)
• USCIS Memo: Determination of Ability to Pay under 8 CFR 204.5(g)(2) – (5-04-04)
• Concurrent Filing FAQ
• INS Memo on Concurrent Filing When Visa Petition is Denied (2-28-03)
• INS Memo Re: Hs and Ls Who Work After Entering on Advance Parole (5-16-00)
• Adjustment of Status Experiences

AILF Practice Advisories Regarding Adjustment of Status

• Adjustment of Status of “Arriving Aliens” Under the Interim Regulations: Challenging the BIA’s Denial of a Motion to Reopen, Remand, or Continue a Case (4-16-07)
• USCIS Adjustment of Status of “Arriving Aliens” with an Unexecuted Final Order of Removal (Amended 3-14-07)
• “Arriving Aliens” and Adjustment of Status: What is the Impact of the Government’s Interim Rule of May 12, 2006? (Updated 10-3-06)

Direct Mail Program

• USCIS Direct Mail Program – Federal Register Notice (11-19-04)