Adjustment of Status in Removal Proceedings

Adjustment of Status is a form of discretionary relief from removal. There are eligibility requirements in order to adjust status before an Immigration Judge. First, you must have been admitted or inspected into the United States. There are exceptions to this rule. Notably, if you have an immigrant petition that was filed before April 30, 2001, the first requirement does not apply--namely, you are not required to show that you have been admitted and inspected into the United States. Second, you must be eligible for a legal permanent resident visa. In other words, you cannot be inadmissible the categories listed in section 212(a) of the Immigration and Nationality Act. Third, there must be an immigrant visa immediately available to you. If you meet these requirements, you may apply to adjust your status during removal proceedings before an Immigration Judge.