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Adjustment of Status (AoS) |
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| Basic Requirements |
| Section 245(a) of the Immigration and Nationality Act provides that the status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if: (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available
to him at the time his application is filed. (Your Priority Date
must be current. See Visa Bulletin for
current priority date) |
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| Several Important Memos and Decisions |
12/27/05
Memo from Michael Aytes, USCIS Acting Director of Domestic Operations, amends the 5/12/05 Yates memo to clarify how I-140 portability is treated in an adjustment of status application.
Adjustment under Section 245(i). -
Statutory Bars to Adjustment of Status: Certain individuals are not allowed to adjust status within the U.S. and must file his permanent resident in a U.S. consulate outside of the U.S.
- Section 24(i) provision of the LIFE Act: Section 245(i) allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty.
- Adjustment of Status of
Relatives of Refugees or Asylees.
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Adjustment of Status for certain aliens from Vietnam, Laos and Cambodia, who were paroled into the U.S. prior to 10/1/1997. Please also see a factsheet provided by US Department of Homeland Security (March 11, .2003).
- Three useful memos about unauthorized Stay from (Michael A. Pearson & Thomas
Cook):
March 3, 2000, March 27, 2003
and April 2, 2003;
- Once one filed AOS application, he is, in general, eligible to employment authorization and advanced parole.
- 03/10/2006 - An application for Adjustment of Status basing on a Previously Approved and Used Visa Petition cannot be granted. Click here for BIA
decision.
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- Photo Specifications for AoS.
- USCIS Standard Operating Procedures (SOP) on I-485
Adjustment of Status Processing.
- USCIS Standard Operating Procedures (SOP) for processing
applications to replace green cards (I-90).
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- BIA Rules
Recidivist Immigration
Violators are Inadmissible and Cannot Adjust Status: The BIA
ruled that recidivist immigration violators are inadmissible and
that adjustment of status under section 245(i) of the Act is not
available to an individual who is inadmissible under section
212(a)(9)(C)(i)(I) of the Act. Matter of Briones, 24 I&N
Dec. 355 (BIA 2007).
- BIA Rules Individuals
Unlawfully Present
Who Later Depart the Country Are Inadmissible. An individual who
is unlawfully present in the United States for a period of 1 year,
departs the country, and then seeks admission within 10 years of
the date of his departure from the United States, is inadmissible.
Matter of Lemus-Losa, 24 I&N Dec. 373 (BIA 2007).
- A 7/14/08 Memo
from Donald Neufeld, Acting Associate Director, Domestic
Operations, clarifies how section 245(k) of the Immigration and
Nationality Act (the Act) renders certain section 245(c) bars to
adjustment of status under section 245(a) inapplicable to certain
employment-based adjustment of status applicants.
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