Adjustment of status refers to the procedure for seeking lawful permanent resident status(“green card”) for individuals, who are in the United States. Generally, adjustment of status requires that the applicant for green card is the beneficiary of an approved visa petition.
Regular Adjustment of Status
A person may apply for adjustment of status under & 245 of the Immigration and Nationality Act if the following requirements are satisfied:
a) The person is inspected and admitted or paroled;
b) The person must be lawfully in the U.S., except for immediate relatives, battered spouses and children, and certain special immigrants under INA & 101 (a)(27)(H).
c) A visa number must be immediately available at time of filing.
d) Applicant must make adjustment application.
e) Applicant must be eligible and otherwise admissible.
Special Adjustment Under INA 245(i)
Section 245(i) allows a person to apply to adjust status notwithstanding the fact that s/he entered without inspection, overstayed, or worked without authorization if such a person paid the special fee required (currently $ 1,000.00) as long as s/he (including spouse and children) is the beneficiary of any labor certification or petition under section 204(including I-140, I-130, I-360, I-526) that was filed on or before April 30, 2001. Additionally, if the application was filed between January 14, 1998 and April 30, 2001, the principal applicant had to be present on December 21, 2000.