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Adjustment of Status                                                                 

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Generally, to adjust status in the U.S., you must already be eligible to become a permanent resident.  Most commonly this is done through a family relationship or a U.S. employer.

1. If based on employment or family, you must have an approved visa petition (I-130 or I-140), and a visa must be available.  This means that your priority date must be current.
2. If you entered on a fiance visa, you must have married the person who petitioned for you.
3. If you are eligible under other methods like asylum,  refugee or U-visa status you must wait a certain period of time depending on your status.
4. You must be in the U.S.
5. With few exceptions, you must have entered the U.S. in a lawful manner, and not be out of status.

Adjustment of Status under Section 245(i)
If you entered the U.S. unlawfully, or have some other immigration violation, you may qualify to adjust status in the U.S. if:

1. You were the beneficiary, or derivative beneficiary of a visa petition or labor certification that was filed prior to April 30, 2001.
2. There are other requirements in addition to a filed visa petition or labor certification, talk to an attorney to see if you meet the other requirements.​​

Our immigration law attorneys in Salem, Oregon can help you figure out if adjustment of status is right for you.  Please call for a consultation.

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