Bars/ Preclusions To Adjustment Of Status

The following are bars to adjustment of status (many of these bars can be overcome by filing for adjustment of status under INA §245(i) if the individual is eligible to apply under that section of law):

1. Foreign National Crewmen
   This limitation applies to those actually entering as crewmen by occupation, purpose, and function, even if admitted in a different visa category.
2. Transit Without Visa ("TWOV")
   These are foreign nationals proceeding in immediate and continuous transit through the United States to a foreign destination.
3. Visa Waiver/Conditional Residents
   Foreign nationals admitted as visitors under the U.S. visa waiver program cannot adjust status unless they are immediate relatives of U.S. citizens. Pursuant to INA §245(f), an alien lawfully admitted to the United States for permanent residence on a conditional basis under §216A may not adjust status.
4. Unauthorized Employment
   Subject to INA §245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA §245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA §245(k)]. Immediate relatives and special immigrants described in INA §§101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
5. Failure to Continuously Maintain a Legal Status
   Status violations during prior visits to the United States as well as during the current stay may render an applicant ineligible for adjustment of status if they cannot take advantage of the relief provided by INA §§245(i) or 245(k). Status violations can be cured if the foreign national is an immediate relative.

Each USCIS district office and service center has its own procedure for filing adjustment of status applications. The local USCIS field office located in Denver, Colorado can provide direct contact via a USCIS field officer or representative. Generally, after filing, the client receives a fingerprint notice. Sometime later, the client is scheduled for an interview. In many cases, certain applicants for adjustment status will not be interviewed. These applicants can include employment-based applicants, children and parents of United States citizens. A decision on all other types of AOS applications will generally be decided at the time of the interview.

Once the foreign national receives an approval notice, he or she must get temporary evidence of permanent residence. The approval notice alone is not sufficient evidence for a foreign national to be readmitted to the United States after leaving, nor is it evidence of employment authorization. Therefore, it is a good practice to obtain temporary evidence of permanent residence, such as an I-551 temporary stamp in the foreign national's unexpired passport. Information on where to obtain the I-551 stamp is usually printed on the approval notice. The I-551 stamp serves as temporary proof of the foreign national's LPR status and is valid for one year, which is normally enough time for the alien to receive the actual Resident Alien Card from USCIS. If production of the Resident Alien Card is delayed, the I-551 stamp may be renewed.

Timeframes for processing adjustment of status applications vary, depending on the volume of applications in each USCIS office.