Munish
05-08-2007, 09:42 AM
Don't know if there is interest in this thread, but I finally found all the statutes and rules on adjustment of status.
All the postings about transfers from E2 to permanent residency left me with a mixed picture so I wanted to know for sure about the situation.
The statutory provisions are available at http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html.
Specifically, subsection (a), which is most useful interest states:
(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154 (a)(1) of this title or [1] may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
Essentially this means you may adjust to permanent residency provided it is in accordance with the applicable regulations. The applicable regulations are available at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=91b513383e1eb57782a93a4d42c28791;rg n=div5;view=text;node=8%3A1.0.1.2.37;idno=8;cc=ecf r and http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=91b513383e1eb57782a93a4d42c28791;rg n=div5;view=text;node=8%3A1.0.1.2.38;idno=8;cc=ecf r.
In relation to E2 to permanent residence issue, see http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c6dd8a119e7695af8730c6cc16024c09&rgn=div8&view=text&node=8:1.0.1.2.37.0.1.1&idno=8. Specifically, subsections (a) and (c)(3) are of most interest. In (c) it lists ineligible aliens, i.e. those who cannot adjust statues to permanent residency. This includes:
(3) Any alien who has nonimmigrant status under paragraph (15)(A), (15)(E), or (15)(G) of section 101(a) of the Act, or has an occupational status which would, if the alien were seeking admission to the United States, entitle the alien to nonimmigrant status under those paragraphs, unless the alien first executes and submits the written waiver required by section 247(b) of the Act and part 247 of this chapter
Therefore, the general rule is A, E and G visa holders cannot adjust, unless the alien "first executes and submits a written waiver" in accordance with section 247 and the related rules. Section 247(b) states, a person must execute and file "with the Attorney General a written waiver of all rights, privileges, exemptions, and immunities under any law or any executive order which would otherwise accrue to him because of the acquisition of an occupational status entitling him to a nonimmigrant status under paragraph (15)(A), (E), or (G) of section 1101 (a) of this title."
Section 247(b) (8 USC 1257(b)) is available at http://www.law.cornell.edu/uscode/uscode08/usc_sec_08_00001257----000-.html. The related rules (part 247) are available at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=91b513383e1eb57782a93a4d42c28791;rg n=div5;view=text;node=8%3A1.0.1.2.40;idno=8;cc=ecf r.
All the postings about transfers from E2 to permanent residency left me with a mixed picture so I wanted to know for sure about the situation.
The statutory provisions are available at http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html.
Specifically, subsection (a), which is most useful interest states:
(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154 (a)(1) of this title or [1] may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
Essentially this means you may adjust to permanent residency provided it is in accordance with the applicable regulations. The applicable regulations are available at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=91b513383e1eb57782a93a4d42c28791;rg n=div5;view=text;node=8%3A1.0.1.2.37;idno=8;cc=ecf r and http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=91b513383e1eb57782a93a4d42c28791;rg n=div5;view=text;node=8%3A1.0.1.2.38;idno=8;cc=ecf r.
In relation to E2 to permanent residence issue, see http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c6dd8a119e7695af8730c6cc16024c09&rgn=div8&view=text&node=8:1.0.1.2.37.0.1.1&idno=8. Specifically, subsections (a) and (c)(3) are of most interest. In (c) it lists ineligible aliens, i.e. those who cannot adjust statues to permanent residency. This includes:
(3) Any alien who has nonimmigrant status under paragraph (15)(A), (15)(E), or (15)(G) of section 101(a) of the Act, or has an occupational status which would, if the alien were seeking admission to the United States, entitle the alien to nonimmigrant status under those paragraphs, unless the alien first executes and submits the written waiver required by section 247(b) of the Act and part 247 of this chapter
Therefore, the general rule is A, E and G visa holders cannot adjust, unless the alien "first executes and submits a written waiver" in accordance with section 247 and the related rules. Section 247(b) states, a person must execute and file "with the Attorney General a written waiver of all rights, privileges, exemptions, and immunities under any law or any executive order which would otherwise accrue to him because of the acquisition of an occupational status entitling him to a nonimmigrant status under paragraph (15)(A), (E), or (G) of section 1101 (a) of this title."
Section 247(b) (8 USC 1257(b)) is available at http://www.law.cornell.edu/uscode/uscode08/usc_sec_08_00001257----000-.html. The related rules (part 247) are available at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=91b513383e1eb57782a93a4d42c28791;rg n=div5;view=text;node=8%3A1.0.1.2.40;idno=8;cc=ecf r.