Requirements for Adjustment of Status - Inspection and Admission or Parole to the U.S.
My husband entered the U.S. illegally without inspection. Since I am a U.S. citizen and we have married for 2 years, is there any way that he can adjust his status inside the U.S. and receive his Green Card?
The U.S. immigration law requires that all aliens must present him/herself to an Immigration Officer for questioning at the time of entry into the United States, and this is called inspection. The admission into the U.S. only occurs after the Immigration Officer found the foreign individual to be admissible.
Generally, the proof of inspection and admission is the Form I-94 which is stamped by the Immigration Officer at the port of entry. A foreign individual not legally admitted and inspected cannot adjust his or her status by using Form I-485 application inside the United States. The application of this immigration requirement is very strict, and some exceptions may include VAWA applicants, Asylees, and certain special immigrants.
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