What is Adjustment of Status?
Adjustment of status is a procedure allowing certain aliens who are already present in the U.S. to apply for immigrant status.
The Immigration and Nationality Act (INA) permits the change of an individual’s immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for permanent residency in a particular category. The common term for a change to permanent status is “adjustment of status.”According to 8 USCS § 1255 (a) the status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if:
(1) the alien makes an application for such adjustment;
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and
(3) an immigrant visa is immediately available to him at the time his application is filed.”
The INA provides an individual two primary paths to permanent resident status. Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.
The information contained on this page is for educational and informative purpose only. This response does not constitute legal advice. The readers of this information should not act based solely on information contained herein.
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