Section 245A of the Immigration and Nationality Act gives eligibility to a temporary resident to apply to adjust their status to a permanent resident. In order to do this, the temporary resident can complete and submit form I-698. This form can be found on the USCIS website or by contacting immigration.
Understanding Section 245A of the Immigration and Nationality Act
In order to make this adjustment to immigration status, under Section 245A of the Immigration and Nationality Act, a temporary resident must meet certain eligibility requirements. These requirements are:
- A temporary resident must apply for the adjustment to immigration status during the nineteenth months after you were considered a temporary resident. This marks a period of eligibility where you have one year to apply for immigration status adjustment.
- You must have lived continuously without a break in residence within the United States.
- You cannot have been convicted of a felony.
- You will have to prove that you are enrolled in an institution where your are pursuing studies in English, History, and the Government of the United States or, prove that you already have satisfactory understanding of English as specified under Section 312 of the Immigration and Nationality Act.
Completing the Form
Make sure that when you are completing Form I-698, that you complete it in black ink and that you fill it out to the best of your ability. Do not leave any spaces blank, if there is a question that does not apply to you, then write “N/A” in the space. Additionally, be sure to include all relative information requested. For example if you are showing that you are enrolled in a federally accredited institution, then you will need to provide documentation showing that you are indeed enrolled. Make sure that you attach the fee, and be truthful in all of your answers. Upon completing the form, be sure to review it a few times and check for any errors.
Getting Help
It may be a good idea for you to either contact an immigration officer or set up an appointment with one just to be sure that you completed the form correctly. If by chance when you speak with or meet with the immigration officer you are not yielding the results that you think you should, then you should consider scheduling an appointment with an immigration attorney. An immigration attorney will review your form to ensure compliance and provide you with valuable legal advice on better understanding how Section 245A of the Immigration and Nationality Act applies to your situation.
