Law & Legal & Attorney Immigration Law

About Adjustment of Status in Immigration Court

    Definition

    • U.S. Citizenship and Immigration Services (USCIS) defines adjustment of status as a change in an individual's status from temporary visitor or nonimmigrant to permanent resident. Permanent residents hold resident alien cards (also known as "green cards"). Adjustment of status applicants file petitions with USCIS based on several categories. In immigration court proceedings, many applicants apply for visas sponsored by their spouses or employers.

    Procedure

    • The immigration judge hearing the alien's removal case will also consider the applicant's adjustment of status request. The individual must meet U.S. immigration law standards for admissibility as a permanent resident and have immediate access to an immigrant visa when submitting the adjustment of status application.

    Significance

    • For an individual in removal proceedings, adjustment of status is a potential form of relief. If the U.S. Immigration Court grants the application for adjustment of status, the removable alien may be able remain in the United States. However, adjustment of status is a discretionary form of relief and the immigration court can deny the application.



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