![]() The noncitizen obtains lawful immigration status, or Unlawful immigration status generally ends when either of the following events occur, whichever is earlier: On the day after the noncitizen’s authorized status has been violated, has expired, been rescinded, revoked, or otherwise terminated while he or she is physically present in the United States. On the day the noncitizen violates the terms or conditions of his or her nonimmigrant status or On the day the noncitizen enters the United States without inspection If in unlawful immigration status, the noncitizen’s unlawful status generally begins: Whose lawful immigration status expired or was rescinded, revoked, or otherwise terminated. Who entered the United States without inspection and admission or parole and Noncitizens in unlawful immigration status generally include those: B. Unlawful Immigration StatusĪ noncitizen is in unlawful immigration status if he or she is in the United States without lawful immigration status either because the noncitizen never had lawful status or because the noncitizen’s lawful status has ended. In general, once an immigrant benefit application is approved, an applicant is in lawful immigration status as of the date of the filing of the application. Simply filing an application for an immigration benefit or having a pending benefit application generally does not put an applicant in a lawful immigration status. Noncitizens lawfully present in the Commonwealth of the Northern Mariana Islands (CNMI) between Novemand Novembased on a valid, unexpired, and lawfully obtained period of stay that was CNMI-authorized prior to Novemthat remains valid on the date of adjustment application. Noncitizens in temporary protected status (TPS) and Lawful permanent residents (LPR), including lawful temporary residents and conditional permanent residents Noncitizens in the United States who are considered to be in lawful immigration status generally include: Violence Against Women Act (VAWA)-based applicants Ĭertain noncitizen doctors and their accompanying spouse and children Ĭertain G-4 international organization employees, NATO-6 employees, and their family members Ĭertain members of the U.S. armed forces and their spouses and children orĮmployment-based applicants who meet the INA 245(k) exemption. This bar to adjustment does not apply to: An applicant is barred from adjustment of status if the applicant is in an unlawful immigration status on the date of filing the adjustment application. ![]()
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