To be eligible to apply for adjustment of status while in removal proceedings, the following criteria must be met:
- The alien must be the beneficiary of an approved immigrant petition (Form I-130 or I-140);
- The alien applicants must have entered the country legally;
- The terms of the alien’s non-immigrant status must not bar Adjustment of Status;
- The applicants must not be, or ever have been, “out of status” or engaged in any unauthorized employment
An exception to the above criteria is adjusting status under Section 245(i), if the following criteria are met:
- Have been physically present in the United States on December 21, 2000 (there is no requirement that you have been in the United States since that date);
- Have an immediately available immigrant visa that was filed on or before April 30, 2001; and
- Pay a $1,000 dollar fine (plus, any fees related to your adjustment application).
For more information about these services, please schedule a consultation at 978-905-9992.
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