It depends on the facts of each situation. The general rule is that persons applying for adjustment of status in the United States must maintain their immigration status when filing such an application. However, there are exceptions to this rule. This means there are situations where non-US citizens are eligible to file for adjustment of status even though they are out of status. E.g, spouses of United States citizens, Cuban Nationals, and persons eligible under section 245i of the Immigration and Nationality Act fall within the exception, along with other immigrant classes. It is recommended that you discuss the details of your case with an Immigration Attorney to determine your eligibility for exemptions
Disclaimer: This is for general informational purposes. This does not constitute legal advice nor create an attorney-client relationship.