In order to qualify for Adjustment of status you must meet the following qualifications:

1. Must be in the U.S.

2. Must have entered the U.S. legally. Persons who entered without being inspected and admitted by a border official do not qualify. Basically, this means any person that snuck into the U.S.

3. Applicant for Adjustment of Status must be have current legal status in the U.S. This excludes any person who has overstayed his or her visa. For example, if a person enters the U.S. on a 3 month visitor visa and stays in the U.S. for 6 moths would not qualify. (*This does not apply to immediate relatives of U.S. Citizens who qualify for Adjustment of Status. Immediate relatives of U.S. Citizens qualify for Adjustment of Status even if they over-stayed their visa.)

4. An immigrant visa for the Adjustment of Status applicant must be immediately available. Generally, this excludes anyone who is not an immediate relative of a U.S. Citizen.