Many foreign nationals currently living in the U.S. are not aware that they are eligible to seek adjustment of status to work and live permanently in the U.S. You might be able to apply if you are in the U.S. now and you are:

• The immediate relative (spouse, parent, or unmarried minor child) of a U.S. citizen
• Eligible for a family preference visa as the child or sibling of a U.S. citizen
• Eligible for a family preference visa as the spouse or unmarried child of a lawful permanent resident
• Eligible for an employment-based visa
• A dependent of a qualifying visa applicant
• Admitted as a refugee or granted asylum at least one year ago
• A victim of certain crimes or abuse
• A continuous resident of the U.S. since 1972

Note that anyone who entered the U.S. on a K-1 fiancé visa and does not marry the fiancé who filed the petition on their behalf cannot apply for adjustment of status even if they marry a different U.S. citizen or green card holder.

Under certain circumstances a waiver or pardon request is necessary because of a person’s criminal record and/or immigration history. Under U.S. immigration law, the government may find that a person is ineligible — or “inadmissible” — to come to the U.S. or to obtain a visa or other immigration benefit if he or she commits certain acts. A person can be found “inadmissible” if he or she:

• Has been convicted of a certain crime or engaged in certain acts
• Violated his or her immigration status in certain ways (e.g., been unlawfully present in the U.S. for a certain amount of time and left the U.S.)
• Has been deported or removed from the U.S.
• Has a prior order of removal/deportation, but never departed the U.S.

Some grounds of inadmissibility can be pardoned by the U.S. government if certain conditions are met. Sometimes, an applicant must apply for a waiver outside the country while at other times, the waiver can be filed from within the United States. To waive a ground of inadmissibility, a person typically — but not always — has to prove extreme hardship to their family member(s). Waiver applications are best prepared with full client cooperation and the dedicated attention of an experienced immigration lawyer.

The Violence Against Women Act (VAWA) allows spouses, children, and parents of abusive United States citizens, or lawful permanent residents in some instances, to petition for permanent residence in the United States. To qualify for a self-petition, the self-petitioner should have been abused by the United States citizen, or by the Lawful Permanent Resident in the case or spouse or child. There are several kinds of abuse that qualify, which will be discussed below.

If you had been abused by your spouse, you may self-petition for permanent residence by filing an I-360 petition with the United States Citizenship & Immigration Services. This ability to self-petition was established by Congress in 1996 in the original Violence Against Women Act. The self-petitioning process is straightforward and is adjudicated by a special section of the Service’s Vermont Service Center. Once approved, the self-petitioner may apply for Adjustment of Status, if the visa number is available.