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What is Adjustment of Status?
Adjustment of status is the term of art which describes the process of acquisition of lawful permanent residence within the U.S. by filing an application (I-485) with the Immigration and Naturalization Service. When should an application for adjustment of status be file with INS? An application for adjustment of status should be filed with INS when the priority date of the petition for alien relative has been reached. Please review our web site under the section titled Priority dates to obtain this information. Only immediate relatives of U.S. citizens can submit their application for adjustment of status, if qualifies, and petition for alien relatives at the same time with the local INS district office. What are the requirements to qualify for adjustment of status? It is impossible to include in this web site all of the requirements for an individual to qualify for adjustment of status in the U.S. Some of these requirements are as follows
How does Section 245(i) affect applicants for adjustment of status? Section 245(i) allowed individuals who could not qualify for adjustment of status based on failing to meet the requirement of having been admitted or paroled to apply for this benefit by paying a penalty fee of $1,000.00 to INS. This section, however, expired on September 30, 1997. Congress later passed a grandfather provision contained in H.R. 2267 which it did provide Section 245(i) privileges to the following classes of individuals:
Where should the application for adjustment of status be filed? An application for adjustment of status (Form I-485) by a foreign national not in removal proceedings is filed with the INS office having jurisdiction over the applicant's residence in the U.S. Applications for permanent residence which are based on an approved immigrant visa petition in an employment-based category are filed with the regional service center that adjudicated the petition or the service center with jurisdiction over the applicant's residence. What are the filing fees for an application for adjustment of status? The filing fees for an application for adjustment of status is $220 ($160 if the individual is under the age of 14). Disclaimer: The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Also note that the INS fees are subject to change without notice. For current INS fee information contact the U.S. Immigration and Naturalization Service directly |