What is Adjustment of Status?
Certain foreign nationals are eligible to obtain a green card without leaving the United States. This process is called Adjustment of Status. When an individual applies for adjustment of status in their jurisdiction, they are generally eligible for an employment authorization document (EAD) throughout the pendency of the USCIS adjudicatory process.
Who Qualifies for Adjustment of Status?
The first requirement for adjustment of status is that an individual must have an immigrant visa that is immediately available to them. The applicant must also show that he/she is eligible to adjust their status and not have any inadmissibility issues. To determine if an individual is admissible, one must turn to the Immigration and Nationality Act codes.
The second requirement for adjusting is that the foreign national must have been inspected and admitted or paroled into the U.S. This means that the U.S government authorized the individuals’ entry into the country. There are however two exceptions to this rule.
1. INA § 245(i) – Individuals who have an I-130 family petition, I-140 immigrant petition for alien worker or labor certification that was “approvable when filed” before April 30, 2001 may pay a $1,000.00 fine to immigration and adjust status. This section waives unauthorized employment and unauthorized stay in the U.S.
2. INA § 245K- Only in employment based immigrant petition cases, this section forgives brief status violations where an individual has overstayed their visa, worked without authorization, or otherwise violated the terms and conditions of their admission If the aggregate period of such violations does not exceed 180 days.
LA Legal Advocates can help you adjust your status if you qualify. Our experienced attorneys will facilitate the intricacies of the law involved in filing a petition for adjustment of status in the U.S.