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Adjustment of Status

May 13th, 2008 · No Comments
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Definition: Procedure allowing certain aliens already in the United States to apply in favor of immigrant status. Aliens admitted to the United States in a nonimmigrant, refugee, or parolee category may have their rank changed to that of legalized permanent resident if they are eligible to receive an immigrant visa and one is immediately suitable. In such cases, the alien is counted as every immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time. Beginning in October 1994, section 245(i) of the INA allowed illegal residents who were eligible with respect to immigrant status to remain in the United States and adjust to permanent resident status by applying at every INS office and paying an additional penalty fee. Section 245(i) is nay longer beneficial unless the stranger is the beneficiary of a petition with less than section 204 of the Act or of an application according to a labor certification while suffering section 212(a)(5)(A), filed on or before April 30, 2001. And, if filed afterward January 1, 1998, the alien must have been present in the United States on December 21, 2000. Prior to October 1994, most illegal residents were required to leave the United States and acquire a visa abroad from the Department of State as they are again now.

Pronunciation: add-just-ment of stat-usAlso Known As: Applying in spite of a undecayed card from the US / Adjustment to Immigrant Status.Examples: Max came to the US from Ireland, but soon fell in lover and matrimonial. He in that case applied notwithstanding adjustment of status so he could obtain a green card and continue with his new wife in US.

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