Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.

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Not everyone qualifies to adjust status.  Consult with an immigration attorney to see if you qualify.   

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In general (but not always), Foreign Nationals who entered the U.S. without inspection cannot adjust status in the U.S. and must obtain a visa abroad through Consular Processing, at the Consulate or Embassy in their home country.

Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex.  

Consult with an immigration attorney to understand your rights and possible defenses.

Cancellation of removal for Non Permanent Residents under INA § 240A(b)(1) (“non-LPR cancellation of removal”) is a critical defense to deportation available to certain noncitizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card.

Cancellation is a “defensive” application, meaning that it is only available to someone facing removal in immigration court. This means that, unlike many other applications for a green card, or lawful permanent residence, a person cannot apply for cancellation of removal by affirmatively submitting an application to the U.S. Citizenship and Immigration Services (USCIS).

A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

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See our page on Asylum for more information on Defensive Asylum.

Allows method for abused spouses and children of U.S. citizen and lawful permanent residents (“LPR”) to obtain permanent resident status, if they are placed in removal proceedings.

Basic Requirements – An applicant for VAWA Cancellation of Removal must establish that he/she:

• Has been battered by or suffered extreme cruelty from the U.S. citizen OR LPR abuser, or is the parent of a child who has suffered such abuse;

• Has been physically present in the U.S. for 3 years before applying;

• Would suffer extreme hardship, or that his or her child or parent would suffer extreme hardship, if the applicant is removed.

• Abused spouses of U.S. citizens and LPRs;

• Abused sons and daughters of U.S. citizens and LPRs;

• Abused “intended spouses” of U.S. citizens or LPRs.

• Non-abused parents of abused children of U.S. citizens or LPRs, even if not married to the abuser, regardless of the child’s status.