Adjustment of Status Lawyers

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What is Adjustment of Status?

Adjustment of status is a procedure of immigration law which allows foreign nationals already living in the United States to apply for Lawful Permanent Resident status.

If a person entered the United States illegally, or entered with permission but overstayed the scope of that permission, he or she would normally have to leave the United States before applying for Lawful Permanent Resident status. However, there are some cases in which a person can apply for adjustment of status without leaving the country.

Who is Eligible for Adjustment of Status?

A person is eligible for adjustment of status when 3 conditions are met. First, the person must apply for adjustment of status by filling out and submitting form I-485 and Supplement A to that form. Second, the applicant must be eligible for an immigrant visa and be admissible to the U.S. for permanent residence. Third and finally, an immigrant visa must be currently available to the applicant.

Certain people are not eligible for adjustment of status, such as aliens who are in the country unlawfully, who have engaged in unauthorized employment, and aliens who entered under visa waivers, among others.

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Last Modified: 01-04-2012 04:25 PM PST

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