Adjustment of Status 245(a):
If you or your family member’s last entry into the U.S. was lawful for example, an entry with a visitor visa, passport, or I-94, you may qualify for an Adjustment of Status. This process allows the immigrant to pursue their Lawful Permanent Resident status within the U.S., without having to return to their home country and wait there for the adjudication of their petition. Another great benefit of this process is that while your petition is being adjudicated, you can apply for a work permit to legally work in the U.S, obtain a driver’s license, and social security card.
To qualify for this process you have to be petitioned by a U.S. citizen spouse or a U.S. citizen child of 21 years of age, and your last entry must be a lawful entry.
Adjustment of Status 245(i)
This type of process allows individuals to apply for Lawful Permanent Resident status while in the U.S., even if they entered without a lawful inspection. To qualify you must:
have proof of an I-130 family petition by a parent or sibling before April 30, 2001;
have proof that your parent was petitioned before April 30, 2001, and you were part of that petition;
have proof that your spouse was petitioned before April 30, 2001, and you are legally married; or
in some cases, have proof that the immigrant was present in the U.S. on December 21, 2000.
As with any other process, USCIS will look closely at your criminal history therefore, it is important to contact our attorney’s office to ensure that you are eligible for this type of process.