Thomas Esparza & Jacqueline L. Watson, immigration law specialists Austin, Adjustment and Sec. 245i
Adjustment of Status, the Application for Permanent Resident Status in the U.S.
The Immigration and Nationality Act (INA) permits the change of an alien’s immigration status in the United States (US) from nonimmigrant or parolee (temporary) to immigrant (permanent) if the alien was properly admitted or paroled into the US and in most instances has maintained status their entire stay. The term for a change from either a non- immigrant or illegal status to permanent status is adjustment of status. Certain aliens who have been petitioned or had a labor certification filed in their behalf are eligible to adjust their status upon payment of a fine pursuant to section 245i of the Act. Generally, to be eligible in this category, the qualifying transaction must have taken place prior to April 30, 2001. Adjustment of status should not be confused from the term change of status, which refers to a change from one non-immigrant classification to another.