A: It depends on the specifics of your situation. Generally, individuals applying for adjustment of status must maintain valid immigration status when filing.
However, some exceptions allow non-U.S. citizens to apply for adjustment of status while out of status. For example, spouses of U.S. citizens may qualify.
Cuban nationals and individuals eligible under section 245(i) of the Immigration and Nationality Act also fall within these exceptions. Other immigrant classes may also qualify.
To understand your specific eligibility and options, consult with an immigration attorney. They can help you navigate your situation and explore possible exemptions.
For personalized legal advice about applying for a green card while out of status, contact the Law Offices of Osas Iyamu, LLC today!