Immigration Law · procedure
Adjustment of Status is a legal procedure allowing an eligible individual who is physically present in the United States to convert their current immigration status to that of a lawful permanent resident. This process is typically pursued by individuals who qualify through family, employment, or asylum.
The applicant must meet the qualifications for adjustment of status as delineated under U.S. immigration law.
What to prove: The applicant must show that they have a valid basis for adjustment, such as a family relationship or employment offer, and that they meet all statutory requirements.
The individual must be in a lawful immigration status at the time of application unless otherwise exempt.
What to prove: The applicant must establish that their current immigration status is valid, which can include nonimmigrant visas or certain other legal admissions.
The applicant must not have violated any immigration laws that would render them ineligible for adjustment.
What to prove: The applicant must demonstrate compliance with immigration laws, such as not overstaying a visa or engaging in unauthorized work.
A complete application must be submitted to the appropriate government agency.
What to prove: The applicant must provide all required forms, evidence, and fees associated with the adjustment of status application.
The burden of proof lies with the applicant, who must establish eligibility by a preponderance of the evidence.
Understand the key eligibility criteria and the difference between adjustment of status and consular processing, as exam questions may test your knowledge on procedural nuances.