Some foreign nationals may be eligible to adjust their status in the United States, even if they entered the country without inspection or are otherwise disqualified, as long as they are covered by a visa petition or labor certification application filed between January 14, 1998, and April 30, 2001.
To be eligible:
- A petition (Form I-130, I-140, I-360, or I-526) was correctly submitted on or before April 30, 2001, and was “approvable” at the time of submission; or
- An application for labor certification (Form ETA 750) that was correctly submitted on or before April 30, 2001, and met the criteria for approval at the time it was filed (the petition was valid and not frivolous).
- If a visa petition was initially valid when submitted but was subsequently withdrawn, denied, or revoked due to events that occurred after the filing, it will still maintain its grandfathered status, provided that the individual qualifies to submit an adjustment of status application.
- Is physically in the U.S. on December 21, 2000;
- Qualifies for immigrant classification and has an immigrant visa number readily available at the time of applying for status adjustment; and
- It is either admissible or any reasons for inadmissibility have been waived.
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