Adjustment of Status PDF Print E-mail

If an individual is in deportation proceedings and has an immigrant visa immediately available, s/he can end the proceedings by requesting that the immigration judge adjust his/her status to that of lawful permanent resident.

The law requires that one have been admitted or paroled into the U.S. or be eligible under 245(i) of the INA in order to adjust before the immigration court.

Adjustment of status is one of only a short list of permanent relief, which can be obtained before the immigration court, such as cancellation of removal and asylum.  It is important to note that most forms of relief have discretionary elements, meaning that the immigration judge has great leeway in deciding whether or not to grant these remedies.

Three categories of immediate relatives exist, for whom no wait for an immigrant visa exists: spouses of U.S. citizens, children under 21 years of age of U.S. citizens, and parents if their U.S. citizen child is 21 years or older.