What US INA Adjustment of Status (8 USC 1255): Becoming a Lawful Permanent Resident from Within the US requires
Section 245 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1255, allows certain aliens already in the United States to adjust status to that of a lawful permanent resident without leaving the country, and is administered by US Citizenship and Immigration Services (USCIS) and, in removal proceedings, the Executive Office for Immigration Review. Section 1255(a) sets the core rule: the status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General (now the Secretary of Homeland Security), in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to the alien at the time the application is filed. Section 1255(c) sets the principal bars to adjustment under subsection (a), which apply to alien crewmen, aliens (other than immediate relatives and certain others) who are in unlawful immigration status on the date of filing or who have failed to maintain continuously a lawful status, aliens admitted in transit without a visa, and aliens who have engaged in unauthorized employment. Section 1255(k) provides a limited exemption from certain of those bars for employment-based applicants who have been out of status for no more than an aggregate of 180 days. Section 1255(i) preserves, for a defined class, the ability of certain aliens who entered without inspection or are otherwise barred to adjust on payment of a sum of $1,000, where a qualifying petition or labor certification was filed on or before April 30, 2001 and the alien was physically present on December 21, 2000. The admissibility requirement incorporates the grounds of inadmissibility in 8 U.S.C. 1182(a), and visa availability is governed by the immigrant-visa allocation and priority-date system in 8 U.S.C. 1153. Adjustment is discretionary even where the statutory eligibility requirements are met.
Pillar: Immigration & Border Control · Authority: US Congress / US Citizenship and Immigration Services and Executive Office for Immigration Review · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 053361196dce9ebed043b23f81ebf6272a77fbce91bc9546191a7de936232589
Primary Citations — 8 traced to source
- Immigration and Nationality Act 245, 8 U.S.C. 1255(a) - adjustment of status of an inspected and admitted or paroled alien to lawful permanent resident (application; eligibility for and immediate availability of an immigrant visa; admissibility).
- Immigration and Nationality Act 245, 8 U.S.C. 1255(a)(2) - eligibility to receive an immigrant visa and admissibility for permanent residence.
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