B
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ADJUSTMENT OF STATUS
What is adjustment of status?
It is a change from non-immigrant status or any other immigration
status, to a lawful permanent resident status (a green card).
Who is 245i eligible to adjust status?
It means that you are eligible under the 245i provision to adjust
your legal status by paying a penalty fee, if you meet the
following conditions:
NOTE: Even if your initial petition was not successful, but was
filed on or before April 30, 2001, you may still be 245i eligible
under certain circumstances, and may apply again for
residency through another family or employment petition.
How does someone with an approved employment or
family immigrant petition figure out when he or she is
eligible to adjust status?
Unless an individual is an immediate relative (a U.S. citizen's
spouse, child under age 21, or parent) he or she is subject to
both a worldwide and country-wide quota, which applies to both
employment and family-related cases.
The date the initial petition is filed is the individual's "priority
date." When that date becomes current, the individual is eligible
to adjust status to lawful permanent residence or enter the U.S.
via immigrant processing at a consulate. To determine eligibility,
one must look at the visa bulletin published by the U.S.
Department of State and available on the Web at:
http://www.state.gov
If I have a child who is a U.S. citizen, can I obtain legal
status in the U.S.?
You can do this in two circumstances:
What is a derivative beneficiary?
A derivative beneficiary is a spouse or child of an individual who
was named as the primary or main beneficiary of a visa
application or residency petition, if the type of petition allows
family members to be included. For example:
a). My aunt who is a citizen filed a residency petition for my
mother when I was under the age of 21, this means my mother’s
spouse and I are derivative beneficiaries of that application.
b). My father’s employer started a petition for my father when I
was under the age of 21, this makes me and my father’s wife
derivative beneficiaries of that petition.
c). My mother marries a U.S. citizen when I was under the age of
21, I was named as her child in the petition, however, this type of
residency petition does not allow me to be a derivative
beneficiary. In this case, my stepfather is required to file a
separate residency petition for me, if he wants to petition for my
residency.
What is adjustment of status?
It is a change from non-immigrant status or any other immigration
status, to a lawful permanent resident status (a green card).
Who is 245i eligible to adjust status?
It means that you are eligible under the 245i provision to adjust
your legal status by paying a penalty fee, if you meet the
following conditions:
- 1). You must have been present in the U.S. before
December 18, 2000, and
2). You must have filed a family or employment based
residency petition on or before April 30, 2001, or you must
have been the derivative beneficiary of such a petition.
NOTE: Even if your initial petition was not successful, but was
filed on or before April 30, 2001, you may still be 245i eligible
under certain circumstances, and may apply again for
residency through another family or employment petition.
How does someone with an approved employment or
family immigrant petition figure out when he or she is
eligible to adjust status?
Unless an individual is an immediate relative (a U.S. citizen's
spouse, child under age 21, or parent) he or she is subject to
both a worldwide and country-wide quota, which applies to both
employment and family-related cases.
The date the initial petition is filed is the individual's "priority
date." When that date becomes current, the individual is eligible
to adjust status to lawful permanent residence or enter the U.S.
via immigrant processing at a consulate. To determine eligibility,
one must look at the visa bulletin published by the U.S.
Department of State and available on the Web at:
http://www.state.gov
If I have a child who is a U.S. citizen, can I obtain legal
status in the U.S.?
You can do this in two circumstances:
- 1). If your child is over the age of 21 with the ability to
support you, your child can file a residency petition for
you, if you came into the U.S. with a visa.
If you did not enter the U.S. with a visa, you may be eligible
for a waiver (or pardon) that may allow you to
adjust to legal status, or you may also adjust status if you
are 245i eligible (see explanation above of who is 245i
eligible); and
2). If you have been in the U.S. for 10 years and you can
demonstrate that your child will suffer an extreme hardship
if you are removed to your native country, you may file for
cancellation of removal or deportation.
What is a derivative beneficiary?
A derivative beneficiary is a spouse or child of an individual who
was named as the primary or main beneficiary of a visa
application or residency petition, if the type of petition allows
family members to be included. For example:
a). My aunt who is a citizen filed a residency petition for my
mother when I was under the age of 21, this means my mother’s
spouse and I are derivative beneficiaries of that application.
b). My father’s employer started a petition for my father when I
was under the age of 21, this makes me and my father’s wife
derivative beneficiaries of that petition.
c). My mother marries a U.S. citizen when I was under the age of
21, I was named as her child in the petition, however, this type of
residency petition does not allow me to be a derivative
beneficiary. In this case, my stepfather is required to file a
separate residency petition for me, if he wants to petition for my
residency.
BOGLE
OKOYE
CHANG
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Questions: Adjustment of Status
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