Adjustment of Status
Adjustment of status is a procedure that allows someone who
is in the United States and otherwise eligible to immigrate to acquire lawful permanent resident status through an
application to the US Citizenship and Immigration Services Bureau. Not everyone is eligible to apply for adjustment of
status (AOS). There are very strict requirements, depending upon the category under which the applicant qualifies.
There is one common requirement, however, for all applicants: the applicant must have entered the United States
lawfully.
The basic rule for adjustment of status is that the applicant must have entered the United States lawfully and not violated his or her status in any way at any time in the past, including previous stays in the United States. There are special rules for "immediate relatives" of U.S. citizens (spouses, parents, and unmarried minor children). There are also special rules for employment based applicants and applicants who qualify under the terms of Section 245(i).