Adjustment of Status

A person may be allowed to adjust status to LPR if he or she: 1) makes an application for such adjustment, 2) is eligible to receive an immigrant visa and is admissible to the U.S. for permanent residence, and 3) an immigrant visa is immediately available to him or her at the time the application is filed.   The person in removal proceedings has the burden to establish those criteria and that he or she merits a favorable exercise of discretion.