Adjustment of Status Disqualifiers

Some situations can disqualify a foreign national from filing for an Adjustment of Status.  Please note that barriers to application do not apply to every adjustment status situation and that certain waivers, technical inadmissibility scenarios or other forms of exception can override these disqualifiers

In general, the following situations will disqualify an alien from Adjustment of Status:

  • A foreign national who has been caught working within the United States illegally (without authorization).
  • A foreign national who applies for adjustment who is not in lawful immigration status (overstayed, etc.)
  • A foreign national who has left the United States without a travel permit (Advance Parole) or who was not inspected through immigration.
  • A foreign national who entered the United States without a visa.
  • A foreign national who is involved in terrorist activity.
  • A foreign national who entered the United States under a nonimmigrant fiancé visa but who failed to marry the US citizen who filed the petition.
  • A foreign national who entered the United States as a child of a fiancé but whose parent did not marry the US citizen who filed the petition.
  • A foreign national who has failed to maintain lawful immigrant status.
  • A foreign national who last entered the US as a nonimmigrant crewman.
  • A foreign national who is NOT a Canadian citizen that admitted to the Mariana Islands or Guam under a Visa Waiver Program.
  • A foreign national who was admitted as a nonimmigrant visitor without a visa under the Visa Waiver Program.
  • A foreign national who has failed to meet the terms of his nonimmigrant status.
  • A foreign national who is already a conditional permanent resident.

Again, please note that waivers or other forms of appeal/relief may override the disqualifiers noted above.  If a waiver for any of these situations is required an I-485 Supplement A under Section 245(i) must be filed.

To see more about how to qualify, see Adjustment of Status Requirements.