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Adjustment of Status

Foreign nationals may become Lawful Permanent Residents in two ways, either their Green Card application (Immigrant Visa) is processed through National Visa Center (NVC) and one of the U.S. Embassies in foreign countries, or they can adjust their status in the United States through the U.S. Citizenship and Immigration Services (USCIS). Foreign nationals who file their adjustment application in the United States will get their Permanent Resident Cards (Green Cards) upon approval of the application. Green Card is a physical proof of lawful permanent residency in the United States. The following are some of the categories of persons who can obtain Green Cards in the United States and live in a lawful permanent resident status:

General requirements of eligibility for applying for adjustment of status in the United States (INA Section 245):

  1. Applicant must be inspected, admitted or paroled into the United States;
  2. Must be in legal status, except for immediate relatives, battered spouses and children and special immigrants;
  3. Visa number must be immediately available at time of filing;
  4. Applicant must be eligible and otherwise admissible; and
  5. Applicant files an application for adjustment of status.

Exception to the general requirement of adjustment of status (INA Section 245(i)):

Under INA Section 245(i) certain persons can still apply for adjustment of status notwithstanding the fact that they entered without inspection, overstayed or worked without authorization by paying an additional fee of $1000 and:

  1. Is the beneficiary of a visa petition (I-130, I-140, I-360, I-526) or labor certification filed on or before January 14, 1998; or
  2. Is the beneficiary of a visa petition (I-130, I-140, I-360, I-526) or labor certification filed after January 14, 1998 but on or before April 30, 2001 and was physically present in the United States on December 21, 2000.

Applicants who are found to be deportable but not inadmissible may still adjust their status. Lawful permanent residents are still subject to deportation if convicted of crimes of aggravated felonies or drug crimes. Lawful permanent residents may also lose their status if abandoned or if it is shown that they do not intent to live in the United States on a permanent basis. LPRs are protected fully by the due process rights under the U.S. Constitution.

 

Disclosure

We do not represent the Department of Homeland Security or any legal entity. All content on this site is strictly for informational purposes meant to help you make an informed decision regarding you, or your loved ones immigration to the U.S. Be sure to consult our immigration attorney for any legal advice.

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The Los Angeles immigration attorney offers free consultation in order to provide prospective clients with a way to determine if representation by the particular attorney is right for them. The immigration attorney is flexible and generous with regard to client contact methods and hours and often takes calls and answers email even when he is not in the office.

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