Adjustment of Status
Adjustment
of status is a procedure that allows someone who is in the United States and
otherwise eligible to immigrate to acquire lawful permanent resident status
through an application to the US Citizenship and Immigration Services
Bureau. Not everyone is eligible to apply for adjustment of status (AOS).
There are very strict requirements, depending upon the category under which
the applicant qualifies. There is one common requirement, however, for all
applicants: the applicant must have entered the United States lawfully.
The basic rule for adjustment of status is that the applicant must have entered the United States lawfully and not violated his or her status in any way at any time in the past, including previous stays in the United States. There are special rules for "immediate relatives" of U.S. citizens (spouses, parents, and unmarried minor children). There are also special rules for employment based applicants and applicants who qualify under the terms of Section 245(i).
