Readjustment for Status for Lawful Permanent Resident in Removal Proceedings

A Lawful Permanent Resident ("LPR") may apply to re-adjust his or her status as a form of relief in removal proceedings in order to cure a ground of deportability if the following conditions are met:

  • A ground of inadmissibility has not been triggered
  • The LPR is eligible to apply for adjustment of status
  • the LPR is admissible or qualifies to apply for a waiver
  • the LPR can re-adjust immediately through a readily available visa 

Family-based Adjustment of Status 

An individual who is a beneficiary of an approved From I-130, Petition for Alien Relative, may be eligible to adjust status his or her status while in removal proceedings if all of the following conditions are met:

  • Inspection and admission or parole into the U.S.
  • Eligibility to receive an immigrant visa immediately
  • No unauthorized employment (unless they are in immediate relative)
  • Was not admitted into the U.S. under the Visa Waiver Program (VWP)
  • Not an arriving alien
  • Not inadmissible to the U.S. pursuant to INA § 212(a) (unless eligible for waiver)