Application to Register Permanent Residence or Adjust Status (Form I-485) is used by a person in the United States to adjust his or her status to permanent residency. Form I-485 usually submitted with other supporting documents.
Requirements Under Regular Adjustment Procedures [INA §245]:
The AOS applicant must:
- have been inspected and admitted or paroled (some limited exceptions apply);
- be lawfully in the US, except for immediate relatives, battered spouses and children, and special immigrants under INA §101(a)(27)(H);
- have an immediately available visa number at the time of filing;
- submit an adjustment of status application;
- be eligible to adjust and otherwise admissible.
Bars to Adjustment of Status: The following are bars to adjustment of status that might prevent you from being eligible for Adjustment of Status. Many of these bars can be overcome by filing for adjustment of status under certain exceptions to immigration nationality act.
- Foreign National Crewmen This limitation applies to those actually entering as crewmen by occupation, purpose, and function, even if admitted in a different visa category.
- Transit Without Visa (“TWOV”) These are foreign nationals proceeding in immediate and continuous transit through the United States to a foreign destination.
- Visa Waiver/Conditional Residents Foreign nationals admitted as visitors under the U.S. visa waiver program cannot adjust status unless they are immediate relatives of U.S. citizens. Pursuant to INA §245(f), an alien lawfully admitted to the United States for permanent residence on a conditional basis under §216A may not adjust status.
- Unauthorized Employment Subject to INA §245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA §245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where a person worked no more than 180 days without permission since his last entry into the U.S. [INA §245(k)]. Immediate relatives and special immigrants described in INA §§101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
- Failure to Continuously Maintain a Legal Status Status violations during prior visits to the United States as well as during the current stay may render an applicant ineligible for adjustment of status if they cannot take advantage of the relief provided by INA §§245(i) or 245(k). Status violations can be cured if the foreign national is an immediate relative.
If you are planning to apply for Adjustment of Status, it is strongly recommended to consult with an immigration attorney before taking any actions.
Root Law Group offers a free legal consultation with our experienced immigration attorneys. Call our office at (323) 456-7600 to schedule your appointment.