Is someone who is already out of status able to adjust status (i.e. apply for a green card) from within the U.S.?


Often the answer to this is no. But, there are exceptions. In the employment-based context, 245(k) forgives up to 180 days of status violation. In the family-based context, immediate relatives (spouses, minor children, parents of USCs) can adjust as long as they entered legally. There are other less common exceptions that are available in certain circumstances. (19.May.2014)

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