Green Cards
Although many individuals must wait outside the United States before immigrating, many non-citizens that have already been admitted to the United States may apply for legal permanent residence within the United States. A non-citizen seeking to adjust status in the United States must still have an approved visa petition before applying for legal permanent residence status.
Generally speaking, adjustment of status is usually only available to non-citizens that entered the United States lawfully. An exception exists under section 245(i) of the Immigration and Nationality Act for non-citizens having an immigrant petition filed before April 30, 2001. A person that entered the United States unlawfully may adjust status to that of a legal permanent resident by paying a $1,000 fine.
Section 245 of the Immigration and Nationality Act governs adjustment of status to that of a legal permanent resident. In order to adjust status in the United States, a person must meet three eligibility requirements.
First, a person must show that they have been “inspected and admitted” into the United States. Thus, as a general rule, a person that enters unlawfully may not adjust his or her status unless an exception applies to the applicant (i.e. the applicant has an approved immigrant petition filed before April 30, 2001).
Second, a person must be admissible to the United States. A person may be inadmissible for several reasons. For instance, if a person entered without inspection, they would inadmissible because they were not “inspected or admitted.” Separately, if a person remains in the United States for over a year without any legal status and later departs the United States, he or she is inadmissible for having accrued “unlawful presence.” If a person makes a material misrepresentation on his or her application, then he or she would be inadmissible for “misrepresentation.” Section 212 of the Immigration and Nationality Act lists the inadmissibility provisions. A person seeking to adjust status in the United States cannot fall into one of these categories. Otherwise, the applicant must submit an additional application (Form I-601, Application for Waivers of Grounds of Inadmissibility) to waive the inadmissibility. If the inadmissibility grounds are waived, then the applicant is eligible to adjust status. If they are not waived, then the applicant remains ineligible to adjust status.
Third, a person must have an immigrant visa number immediately available to him or her at the time the application is filed.
Section 245(c) of the Immigration and Nationality Act further limits who is eligible for adjustment of status. Under section 245(c), an applicant cannot accept unauthorized employment. Otherwise, the applicant is ineligible to adjust status.
There are exceptions to the provisions of section 245(c). Under Section 245(i), a person who accepts unauthorized employment remains eligible to adjust his or her status. Likewise, a person that is married to a U.S. citizen also remains eligible to adjust status.
If you are eligible to apply for legal permanent residency within the United States, we will prepare, review and file Form I-485, Application to Register Permanent Residence or Adjust Status together with all the supporting documentation, including biographic information sheets, affidavits of support, travel authorization applications, and employment authorization applications.