Adjustment of Status in Immigration Court
While you may be in removal proceedings, you may still be allowed to apply for a green card without leaving the United States in a process referred to adjustment of status in court. If you qualify, this option relieves you from deportation if you are in removal proceedings. Anyone who applies for adjustment of status may be eligible to apply for a work permit and a travel permit also known as “advance parole.” If you apply for adjustment of status, you need to have legally entered the United States.
Nonetheless, this general rule contains a number of exceptions. The law provides in Section 245(i) that certain people who have old priority dates have an option to pay apply for status of adjustment by paying a penalty fee for their illegal entry to the U.S. or violation or extending their nonimmigrant status.
Moreover, Section 245(k) states that anyone who applies for status adjustment with an immigrant visa petition on grounds of employment, he or she can do so provided he/she hasn’t been out of status for more than 180 days from his latest U.S admission.
Immediate relatives i.e. U.S. citizens’ spouses, parents and children can also apply for adjustment of status upon their legal entry to the U.S. without paying any penalty fee even if they have overstayed or are working without consent.
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