Chapter 2 - Eligibility

A person who has adjusted status to that of a person lawfully admitted for permanent residence under INA 210, 240A, (the former) 244, 245, 245A, or 249, or under any other provision of law may be placed into rescission proceedings at any time during the first 5 years after the granting of permanent residence, if:

  • USCIS determines that the person was not eligible for adjustment of status at the time that permanent residence was granted; and

  • The person would have not been eligible for adjustment under any other provision of law.[1]

A determination that a person is not subject to rescission proceedings does not necessarily mean that no further action may be taken. A person who is not subject to rescission may still be subject to removal proceedings.[2]


[^ 1] See INA 246.

[^ 2] For more information on NTA issuance, see Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 599.37 KB), PM-602-0050.1, issued June 28, 2018.

Current as of July 26, 2021