Adjustment of Status

If you qualify to a become a permanent resident you may be able to apply for a green card without leaving the United States.  This process is called adjustment of status.  When applying for adjustment of status, you will also apply for a work permit card that will allow you to work in the United States.  With some exceptions, an applicant for adjustment of status must have entered the United States legally and not have violated his immigration status.

Some of the exceptions to this general rule are:

  1. Section 245(k) allows a person applying for adjustment of status pursuant to an employment-based visa petition to do so so long as he has not been out of status for over 180 days since his most recent admission to the United States.
  2. Section 245(i) allows persons with old priority dates to pay a penalty fee and adjust their status despite entering the United States illegally or violating or overstaying their non-immigrant status.
  3. Persons who are immediate relatives may adjust their status if they entered the United States lawfully even if they overstayed or worked without authorization without having to pay a penalty fee.

If you believe you may have a basis for adjustment of status, we hope that the information you find on our website will be helpful and invite you to have a consultation with one of our attorneys.  You can reach Henson, Pachuta & Kammerman, PLLC by phone at 703-822-4701 or by email at

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