The act permits change of an alien’s immigration status in the US from nonimmigrant or parolee to permanent immigrant if the alien properly entered the country (legally entered). The term of a change from temporary to permanent resident is called adjustment of status.
For most aliens other than Canadian visitors, admission or parole is reflected on Form 1-94 Arrival- Departure Record issued by an INS inspector to every alien who entered the US. The INA lists2 classes of aliens who are not eligible for adjustment of status, including those who entered the US illegally, have worked in the US without authorization (or with expired authorization), and/or have failed to continuously maintain lawful status since entry.
There are generally two other methods to obtain immigrant status for those who have been deemed eligible for permanent residence in the US — via adjustment of status if the alien is already in the US and wants to remain in the US during the processing period or via consular processing if the alien will obtain the immigrant visa at a US consulate (leaves the US). Without Section 245(i), consular processing abroad is the only option for certain aliens who are ineligible for adjustment of status in the US.
For more and in depth information on this law and benefits please contact us.
**This is general information and is NOT intended to provide legal advice.
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