Adjustment of Status Basics
Under U.S. immigrant laws, qualified persons may enter the U.S. as lawful permanent residents, also known as green card holders, once they have obtained an immigrant visa from an embassy or consulate outside the U.S. If an immigrant is already lawfully present in the United States they may obtain permanent residency status through a process known as adjustment of status. Persons who entered the country illegally and those who entered with permission but exceeded their lawful status are required to apply for an immigrant visa. There are special rules that exist under section 245 which may make it possible for an individual to apply for an adjustment of status without the need to actually leave the country. Since 2001, the only persons who are considered eligible for 245 benefits are those whose visa qualification petition had been previously filed.

Filing for an Adjustment of Status Application
In order to file for an adjustment of status it is necessary to submit the adjustment of status package, which includes the Form I-485 package. You must also submit Supplement A. Those applicants who are already present in the U.S. and who have filed the Form I-485 will be considered eligible to apply for a work permit even while their case is pending. Form I-765 can be used to apply for a work permit. It is not necessary to apply for a work permit after you have received an immigrant visa or once you are adjusted to permanent resident status. In most instances you can expect to receive a permanent resident card once you are approved. This will provide sufficient evidence that you are entitled to the right to reside in and work in the United States on a permanent basis.

Traveling Outside the United States
It is necessary or you to obtain prior permission to return to the U.S. if you are applying for an adjustment of status when traveling outside the U.S. Such advance permission is known as Advance Parole. It should be kept in mind that if you have been in the United States unlawfully for more than 180 days and then you travel outside the country, you will be prevented from receiving an adjustment of status for a period of either 3 years or 10 years. This remains true even if you received Advance Parole. The only exception is if you received a hardship waiver. The 3 year ban from admission will apply to individuals who were unlawfully present in the United States for more than 180 days and then left the U.S. The 10 year ban from admission will apply to persons who were unlawfully presented in the United States for 1 year or more and then left the country. Persons who do not apply for Advance Parole prior to leaving the United States will automatically lose their application. They will not be allowed to return to the U.S. Appeals. In the event your application for adjustment of status is denied you can expect to receive a letter detailing precisely why you were denied. You can also expect that the deportation process will begin immediately upon denial of your application if you do not have a current, legal status. You do have the right to review of your application denial by an immigration judge during the removal proceedings. USCIS must demonstrate that facts presented on your application were untruthful. If the immigration judge determines that you should be deported, you have the right to an appeal. In most instances you may make an appeal within a period of 33 days following the decision of the judge to deport you. Once your appeal and the relevant fee have been processed, your appeal will then be sent to the Board of Immigration Appeals.