• With the United States Citizenship and Immigration Service (USCIS) through an adjustment of status application; or
• Before an immigration judge in a removal hearing.

Requirements For Adjustment of Status

• The person seeking LPR status through adjustment of status must have been inspected and admitted in the U.S.
  • The person may leave the U.S. tmeporarily under "advance parol," which permits re-entry while an application for adjustment of status is pending
• Adjustment of status requires that a visa number is "immediately available" at the time of the application [based on quota preference availability]. However, immedate relatives of a U.S. citizen - which includes children, spouses, and parents, are exempt from quota restrictions.

• The person must be in lawful status and overcome all grounds of inadmissibility.

• The person must not have worked illegally in the U.S. after January 1, 1977.

• The person must overcome discretionary factors including:
  • family ties in the U.S;.
  • hardship that travel abroad would cause;
  • length of residence in the U.S.;
  • any previous immigration violations;
  • any existence or appearance of preconceived intent.