Adjustment of Status
Individuals lawfully admitted to the U.S. on a non-immigrant visa can on many occasions adjust status to that of a permanent resident and obtain a green card without returning to their country of residence. If eligible, an individual must file a petition for adjustment when an immigrant visa is immediately available to him (the priority date for his visa must be current).
In order to be eligible to adjust status, the applicant must have been admitted to the U.S. after inspection. A person who enters based on a false claim to citizenship or fraud is not considered “inspected.” Generally, the I-94 or the USCIS stamp in the alien's passport are proof of inspection and admission. However, a sworn affidavit or a copy of the alien's airplane ticket may be used where an I-94 or admission stamp was not issued.
Bars to Adjustment of Status
The Immigration and Nationality Act bars certain individuals from adjusting status in the U.S. For example, those who entered on a visa waiver (unless an Immediate Relative of a U.S. Citizen), crewmen, those on a transit visa, those who worked without authorization or failed to maintain their status, and certain others are barred from adjusting status in the U.S. and must return to their country of nationality to obtain an immigrant visa.
Advance Parole
According to 8 CFR §245.2(a)(4)(ii), an application for adjustment is considered abandoned if a person leaves the United States while the application is pending. However, if he applies for advance parole prior to departing the United States, the application is not deemed abandoned. Advance parole is available for any legitimate personal or business reason.
Ability to Work While Adjustment is Pending
Once an application for adjustment has been filed, you can file for employment authorization in increments not exceeding one year. This is an unrestricted employment authorization that permits you to work for any employer. After the application is filed, you have demonstrated immigrant intent and are no longer eligible for extensions or changes to your nonimmigrant status. Contact us to schedule a confidential consultation.
