It depends. If any of the following scenarios apply to your case, then you are likely ineligible to apply for adjustment of status or permanent residency while you remain in the United States unless you have been grandfathered under INA section 245(i) if: 1. Your last entry into the United States was without inspection (illegally) and you currently have no lawful status, or 2. You were inspected and admitted into the US during your last entry, but you have since failed to maintain lawful nonimmigrant status or have fallen out of status,or 3. You were inspected and admitted into the US and have successfully maintained lawful nonimmigrant status, but you have worked illegally in the US without prior employment authorization from USCIS.
Answered on Aug 04th, 2014 at 8:49 PM