Adjustment of Status to Lawful Permanent Resident
Section 245 of the Immigration and Nationality Act (INA) allows a person to apply for adjustment of status to that of a Lawful Permanent Resident (LPR) while in the United States if certain conditions are met. The alien must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence, and with some exceptions, have maintained lawful nonimmigrant status. The person, with some exceptions, must also not have engaged in unauthorized employment. Where the beneficiary is not qualified to adjust his status in the U.S. consular processing may serve as a suitable alternative.
Warning: Persons who have been unlawfully present in the United States for 180 days or more and travel outside the U.S. will trigger the three-and ten-year bars of inadmissibility. INA 212(a)(9)(B)(i)(I)(II). One must use extreme caution before traveling outside of the U.S. if one has overstayed their visa.
Section 245(i) of the Act allows certain people to apply to adjust status under section 245 notwithstanding the fact that he entered without inspection, overstayed, or worked without authorization. The LIFE Amendments of 2000 amended section 245(i) of the Act. Until April 30, 2001, some people who would not have otherwise qualified for Adjustment of Status because they were not inspected, overstayed, or engaged in unauthorized employment may apply for adjustment of status under section 245 of the Act if the alien:
- Is physically present in the United States;
- Is the beneficiary of a visa petition or application for labor certification properly filed on or before April 30, 2001, and determined to be approvable at time of filing;
- Is eligible for an immigrant classification under section 203 of the Act, and has an immigrant visa number immediately available at the time of filing an application for adjustment of status;
- Is a not inadmissible to the United States under section 212 of the Act, or, if appropriate, all grounds of inadmissibility have been waived;
- Properly files Form I-485, Application to Register Permanent Residence or Adjust Status, with the fees required for that application;
- Properly files Supplement A to Form I-485;
- Pays an additional sum of $1000 unless payment of the sum is not required under subsection 245(i)(1)(B)(ii) of the Act; and
- Has been physically present in the United States on December 21, 2000.
Medical Examination – Every applicant for adjustment of status is required to prove that he is not inadmissible for any of health related grounds enumerated in INA See, INA §212(a)(1), 8 U.S.C. §1182(a)(1). See also, 22 C.F.R. §40.11. INA requires that applicants submit to a medical examination by a Civil Surgeon. A list of approved Civil Surgeons is available on the CIS website. The examination involves a routine physical examination, blood tests, and if necessary, vaccinations. The results of the examination are reported on INS form I-693 and a vaccination supplement. The report is sealed by the Civil Surgeon and must be submitted under seal at the time of application for adjustment of status is filed. Note: Applicants for Consular processing are submitted to a similar, but more thorough, medical examination process prior to their visa interview. The medical examination must be done within one year of its submission to CIS.