Your Relative Must Have a Lawful Entry to Adjust Status in US

Question:

My relative entered the US wihout border exam, can he apply for adjusting status in the United States?

Answer:

Unlawful entry is the act of foreign nationals arriving in or crossing the borders into a country in violation of its immigration law. If your relative is planning to adjust status to permanent resident inside the United States, the immigration status, or class of admission, is very important. Your relative must have a lawful entry to adjust status inside the United States. The Form I-130 instructions do not cover the unlawful entry issues. That is because the lawful entry is a requirement for Form I-485 application.

The lawful entry means that the alien was admitted or paroled into the United States. In most cases, this means that the alien entered the United States with valid documentation, and made face to face contact with a U.S. immigration officer, and the officer acknowledged entry to the United States. Typically, this happens at a port of entry, such as airports or seaports, when the alien shares his or her passport and visa.

However, at some border entries, aliens may be “waved” across while in their cars. This also counts as a lawful entry as long as the visitor had the proper documentation. If the visitor entered US with a valid visa, but that visa has since expired, the visitor still had a lawful entry.