, You may have already heard lots of stories about various types of visas or paths to becoming a permanent resident. As long as they entered the United States in valid visa status (and didn't misuse that visa, secretly intending to apply for a U.S. green card after arrival), they may use "adjustment of status" as the procedure by which to apply for their green card. For admission to be lawful, a foreign person must be inspected and authorized to enter by a United States immigration officer. It is the applicants’ responsibility to establish their admission through documentation, testimony, or affidavits.  However, an officer should consider the passage of time since the events in question and the difficulties inherent in documenting events that may have occurred decades ago. The following table provides a list of eligible classes for presumption of lawful admission and whether evidence of admission is required. This might yield copies of your visa and I-94. [^ 10] See Matter of M-Y-C- (PDF), 8 I&N Dec. 313 (BIA 1959) (an alien who was not in fact the child of a U.S. citizen at the time of his or her admission does not qualify). Entered the United States prior to July 1, 1924. Your success with the adjustment of status application depends on pulling all the evidence together in a convincing fashion. Copy of birth certificate; 5. Although there's a waiver available based on extreme hardship to qualifying family members, it's not easy to qualify for this waiver. Individuals admitted under the Visa Waiver Program are generally ineligible to adjust status. It’s probably a long shot, but if you arrived by plane, might you by chance have a copy of the tickets your family traveled on, or other receipts from your travel to the United States? A .gov website belongs to an official government organization in the United States. a. Alien Lawfully Admitted for Permanent Residence. One way to think of Lawful Admission is to imagine a person ringing the doorbell at the front door of a house. Evidence of the applicant’s examination, entry, or admission to the United States (if applicable); 6. An alien erroneously admitted to the United States prior to July 1, 1948 in possession of a Section 4(a) 1924 Act  nonquota immigration visa. Do Not Sell My Personal Information. What You Need To Know About Becoming A U.S. Citizen. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. Immediate relatives of U.S. citizens (children, spouse, or parents) have an application opportunity that many other people who are eligible for a green card (lawful permanent residence) do not. See Matter of Cruz-Gastelum (PDF), 12 I&N Dec. 704 (BIA 1968) (an alien does not qualify in the absence of a record of claimed admission).