Adjustment of Status

This form of discretionary relief is available to change an alien’s status from a non-immigrant to a lawful permanent resident.  Aliens who have been previously admitted into the United States can apply to DHS for adjustment of status, while aliens in removal proceedings apply before an Immigration Judge.  Several conditions must be met, including that the alien is admissible for permanent residence and an immigrant visa is immediately available at the time of application.  Aliens who qualify for visas allowing an adjustment of status are often petitioned for by a spouse (or another family member) or an employer.  Certain individuals, including criminals and aliens who fail to appear for proceedings or fail to depart after a grant of voluntary departure, and those who were ordered removed may be ineligible for adjustment of status.