Adjustment of Status

An immigrant can avoid deportation by applying for adjustment of status. Depending on the circumstances of the case, the Immigration Judge may be able to adjudicate an adjustment of status application in Immigration Court.

Special Rule for Battered Spouse or Child

The Attorney General may cancel removal of, and adjust the status of any foreign national previously lawfully admitted for permanent residence, or a foreign national who is otherwise inadmissible or deportable from the United States if the foreign national demonstrates that-

(a) he/she has been battered or subjected to extreme cruelty by a spouse or parent who is or was a U.S. citizen or lawful permanent resident (LPR). Foreign national could also be the parent of a child of a U.S. citizen or LPR, if the child has been battered or subjected to extreme cruelty by his/her other abusive US citizen or LPR parent;
(b) the foreign national has been a person of good moral character during such period;
(c) does not have convictions of certain crimes;
(d) the removal would result in extreme hardship to the foreign national, the foreign nationals child, or the foreign nationals parent.

212(c) Waiver

To be eligible for section 212(c) relief an immigrant must meet the following requirements:

(a) have 7 years of lawful permanent residence in the U.S.;
(b) pled guilty to a crime before April 24, 1996; and
(c) have not actually served five years or more in custody as the result of one or more aggravated felony convictions.

212(h) Waiver

A waiver of inadmissibility under INA section 212(h) can be used for convictions involving moral turpitude, prostitution, and a single conviction of simple possession of 30 grams or less of marijuana. To be eligible for the 212(h) waiver generally, the immigrant must:

(a) have a qualifying relative who is a U.S. citizen or lawful permanent resident;
(b) show that removal would result in extreme hardship to the qualifying relative; and
(c) show that the alien has been rehabilitated;

212(i) Waiver

A 212(i) waiver can be sought to waive an alien's fraud or misrepresentation of a material fact in trying to procure a visa, other documentation, admission into the United States or other benefit under the INA. To be eligible for a 212(i) waiver, the immigrant must:

(a) be the spouse, son, or daughter of a U.S. citizen or LPR;
(b) establish that the qualifying relative will suffer extreme hardship if the waiver is denied.

212(k) Waiver

A 212(k) waiver waives defective documents to enter the U.S.

V Visas

Due to processing delays and quota backlogs, husbands, wives and children of permanent residents often wait five to six years abroad to get their immigrant visas. On December 21, 2002, Congress passed the Legal Immigration and Family Equity Act (LIFE) with the intention of bringing families together. While many wait in their country, separated from spouses and parents, many others are in the U.S. without lawful status and unable to work.

LIFE, among other provisions, created a new V visa that allows certain spouses and unmarried children of permanent residents to live and work in the United States while their immigrant cases are awaiting adjudication.

Qualifications

The V visa is available to the spouse and unmarried children (under 21) of lawful permanent residents. The applicant must have been waiting for permanent residence three or more years from the time USCIS received a second preference petition (Form I-130) filed on his behalf. USCIS must have received the applicant's petition (Form I-130) on or before December 21, 2000.

Benefits

A V visa holder can legally reside and work in the United States. while waiting for the review of his permanent residency application. The immigrant applicants who are waiting abroad will be able to visit the U.S. as nonimmigrants.