You may be eligible to apply for adjustment of status to lawful permanent residence if you are the beneficiary of an approved or pending immigrant visa petition. Adjustment of status is the process through which eligible foreign nationals who are in the U.S. apply for lawful permanent residence. Not all foreign nationals present in the U.S. are eligible to apply for adjustment of status so it is important to speak to an experienced immigration attorney before applying. You may file an application for adjustment of status directly with the Immigration Court. You may also request the Immigration Court reconsider an application for adjustment of status that was denied by USCIS.

Typically, you can only apply for adjustment of status in removal proceedings if you are married to a United States citizen, an arriving alien, an abused spouse (i.e. VAWA self-petitioner), or a special immigrant juvenile (i.e. SIJ), or are grandfathered under INA § 245(i). To be grandfathered under INA § 245(i), you must meet the following criteria:

• Were the beneficiary of an immigrant visa petition (i.e. a Form I-130 or Form I-140) or application for labor certification (i.e. Form ETA-750) filed on or before April 30, 2001;
• Were physically present in the United States on December 21, 2000, if you were the principal beneficiary on an immigrant visa petition or application for labor certification was filed between January 15, 1998 and April 30, 2001;
• Are the beneficiary of an immigrant visa petition (i.e. an approved Form I-130 or Form I-140;
• Have an immigrant visa immediately available to you; and
• Are otherwise admissible to the United States.

It is not enough to be the beneficiary of an immigrant visa petition (i.e. a Form I-130 or Form I-140) or application for labor certification (i.e. Form ETA-750) filed on or before April 30, 2001. You must show the immigrant visa petition (i.e. a Form I-130 or Form I-140) or application for labor certification (i.e. Form ETA-750) was “properly filed”, means it was signed and submitted with the correct fees, and “approvable”, which means it was meritorious and “non-frivolous”, when filed. You may also be grandfathered under INA § 245(i) if you are or were the spouse or child of a foreign national who is or was grandfathered.