212(D)(5) Adjustment Of Status –


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212(D)(5) Adjustment Of Status –

 

The current legal authority for the Department of Homeland Security’s (DHS) parole power is a provision within the Immigration and Nationality Act (INA) § 212(d)(5)(A) which permits the Attorney General, at his or her discretion, to “parole” any noncitizen into the United States.

 

Who is not eligible for adjustment of status?

An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies. The bars to adjustment of status may apply to aliens who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law.

How long does it take to adjust immigration status?

8 to 14 months
The adjustment of status timeline is generally 8 to 14 months for family-based applications (and often longer for other application types). However, the most significant advantage to adjusting status is that the intending immigrant may remain in the United States with family during the process.

Can you adjust status if you are out of status?

If You‘re Eligible for a Green Card, Can You Apply for It Without Leaving the U.S.? … People granted asylum can also adjust status, even if they entered the U.S. illegally or spent time out of status. Employment-based applicants who have spent no more than 180 days out of status in the U.S. are eligible for AOS.

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