Another limited exception exists for certain employment based visa petition applicant’s who have only been “out of status” for less than 180 days.  Before deciding if adjustment of status will work for you consider seeking the advice of an attorney to confirm eligibility and other restrictions.

Adjustment of Status is the process whereby a person in the United States obtains his or her permanent resident status through filing of an application with the United States Citizenship and Immigration Service (USCIS).  To be eligible to “adjust status” in the U.S. the applicant usually will have an employment or family based visa petition that has been approved and is available.   

Normally, unless the petition is from an immediate relative, the applicant must have been inspected and admitted to the United States and have maintained his or her legal status up until the time of filing of the application.  Exceptions to this general rule of having to have been inspected, admitted and maintained legal status are provided for certain applicants who have been granted asylum status, self-petitioning battered spouses and children and people who show eligibility through petitions filed prior to April 30, 2001 under a Clinton era law commonly known as 245i or the “penalty” adjustment law.