Adjustment of Status

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Adjustment of Status

• Sec. 245 of the INA, 8 U.S.C. 1255

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What is adjustment of status?

• It should be distinguished from change of staus
  which is when a nonimmigrant changes from one
  classification to another
• It is a special procedure of a discretionary
  nature which allows the person to become a
  permanent resident without having to leave the
  U.S.
• The normal process for obtaining LPR status is
  the immigrant visa route

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Who can adjust their status?

• Anyone who meets the requirements
• Adjustment applies in a number of situations
• Family based
• Employment based
• Diversity immigrants (immigrant lottery)
• Refugees and asylees
• Registration cases (Jan. 1, 1972)
• Cancellation of removal for non-immigrants
• Beneficiaries of legalization or amnesty programs

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What are the requirements?

• Admission or parole
• Not available for those admitted as
• Crewmembers (unless as an immediate relative)
• Visa waiver program (unless as an immediate
  relative)
• An immigrant visa is available (according to
  Dept. of State Bulletin)
• Admissible (otherwise eligible for waiver) and
  not deportable as terrorist
• Has not worked without CIS permission after Jan.
  1, 1977 (unless an immediate relative).
• Was in lawful status when the application was
  filed
• Unless an immediate relative

Beneficiaries under the 1st, 2nd and 3rd
employment based preferences are exempted from
the unauthorized employment and maintainance of
status bars as long as their violation did not
exceed 180 days.
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Adjustment of status is a benefit and is
therefore discretionary

• Family ties
• Hardship
• Length of residence in the U.S
• May be denied for pre-conceived intent but not
  where there are close family ties with U.S.
  citizens and there are no other negative factors

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Adjustment of Status
(USCIS)
Submission of application
Lawful admission
Adjustment granted
Consideration of certain grounds of
inadmissibility
Person denied adjustment may still apply for an
immigrant visa before a U.S. Consul
Adjudication of waiver
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Immigrant Visa Procedure
granted
Waiver adjudicated by USCIS
Administrative Review (USCIS or BIA)
U.S. Consulate Visa Applicant
denial
Inspection and admission as lawful permanent
resident
Consul issues visa
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How can a person lose their permanent residency?

• Abandonment
• Fraud in obtaining LPR status (rescission used if
  discovered within 5 years of adjustment)
  otherwise govt will proceed on removal.
• Removal (grounds of deportability or
  inadmissibility for which no waiver is available
• Crime or other violation under 1227 or departure
  and return and being found inadmissible under
  1182(a