Most commonly, a foreign national seeking to adjust their status to that of a lawful permanent resident will have their I-485 Application to Adjust Status to Permanent Resident decided by an Immigration Officer with U.S. Department of Homeland Security’s Citizenship and Immigration Services (DHS/CIS). There are circumstances, however, where an I-485 applicant may have their application decided by an Immigration Judge and as a defense to removal proceedings. To optimize your chances of success in such a context, seek the assistance of a lawyer experienced in providing counsel to foreign nationals in defending against removal proceedings and call Richard Hanus of the Law Offices of Richard Hanus.
The requirements for a foreign national to adjust status to permanent residence in the U.S. are numerous, and include A) having an approved family or employment based visa petition – and with current visa availability, B) having maintained their nonimmigrant visa status throughout their stay in the U.S. (exceptions for “Immediate Relative” beneficiaries, or those grandfathered by Section 245(i) of the Immigration and Nationality Act) AND C) being “admissible”, i.e. not being subject to a long list of disqualifying, mostly criminal related, bases of ineligibility.