Adjustment of status is a procedure allowing certain aliens who are already present in the U.S. to apply for immigrant status. Aliens admitted to the United States in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available. In such cases, the alien is counted as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time.
According to 8 USCS § 1255 (a) the status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, 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 such 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 him at the time his application is filed.”