| Adjustment to Immigrant Status
Procedure allowing certain aliens already
in the United States to apply for immigrant status. Aliens admitted to the United States
in a nonimmigrant, refugee, or parolee category may have their status changed to that of
lawful permanent resident if they are eligible to receive an immigrant visa and one is
immediately available.
In such cases, the alien is counted as an
immigrant as of the date of adjustment, even though the alien may have been in the United
States for an extended period of time.
Beginning in October 1994, section 245(i)
of the INA allowed illegal residents who were eligible for immigrant status to remain in
the United States and adjust to permanent resident status by applying at an INS office and
paying an additional penalty fee.
Section 245(i) is no longer available
unless the alien is the beneficiary of a petition under section 204 of the Act or of an
application for a labor certification under section 212(a)(5)(A), filed before January 15,
1998. Prior to October 1994, most illegal residents |
See the