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What are the statutory requirements for an alien already in the United States to adjust to lawful permanent resident status?

Published 2026-06-23 · U.S. federal law

8 U.S.C. § 1255 allows the status of an alien who was inspected and admitted or paroled to be adjusted to lawful permanent resident, in the discretion of the Attorney General, when the alien is eligible for an immigrant visa, is admissible, and a visa is immediately available.

The answer

The adjustment framework

8 U.S.C. § 1255(a) provides that the status of an alien who was inspected and admitted or paroled may be adjusted, in the discretion of the Attorney General and under prescribed regulations, to that of an alien lawfully admitted for permanent residence if the alien applies, is eligible to receive an immigrant visa and is admissible, and an immigrant visa is immediately available at the time the application is filed.

Why eligibility is gated

Each element is independent. The applicant must hold a qualifying basis for an immigrant visa, must clear admissibility, and must have a visa number immediately available, and even then the grant remains discretionary rather than automatic.

The judged input

What the AI drafted

Submitted to the judge

This is an excerpt from a draft visa-eligibility opinion — the kind of work product a lawyer generates with a legal-AI drafting tool, then has to stand behind. Kingsfield does not write it; it rules on the citations the model put in it. This draft cites two authorities; one of them is wrong.

AI draft excerpt — visa-eligibility opinion
We advise the client that, because he was inspected and paroled into the United States, he may pursue permanent residence from within the country rather than through consular processing abroad. Under 8 U.S.C. § 1255(a), the Attorney General may, in his discretion, adjust the status of an alien who was admitted or paroled to that of a lawful permanent resident where the alien is eligible for an immigrant visa, is admissible, and a visa is immediately available. This discretionary adjustment authority is provided by 8 U.S.C. § 1259. We caution that each element must be satisfied and that the grant remains discretionary.

The judge ruled on every citation as the draft used it — it accepted 8 U.S.C. § 1255(a) and rejected 8 U.S.C. § 1259. Here is why.

The verdict

How Kingsfield ruled

Ruled 2026-06-23

Each citation in the draft above was submitted to the Kingsfield judge and ruled against the primary-law corpus — Accept, Reject, or Inconclusive, per citation. These are live verdicts, not editorial. Each card shows the claim the draft made and the verbatim authority the verdict was rendered against.

Accept8 U.S.C. § 1255(a)

The draft claimed: The status of an alien who was inspected and admitted or paroled may be adjusted, in the discretion of the Attorney General, to that of a lawful permanent resident if the alien applies, is eligible to receive an immigrant visa and is admissible, and an immigrant visa is immediately available at the time the application is filed.

“§ 1255(a) The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for…”

Cite found; proposition supported by the cited text.

Reject8 U.S.C. § 1259

The draft claimed: Section 1259 is the general adjustment-of-status provision under which an admitted or paroled alien adjusts to lawful permanent resident when a visa is immediately available.

Cite found, but the cited text does not support the claim. 8 U.S.C. 1259 authorizes a record of lawful admission for permanent residence only for certain aliens who entered before a fixed registry date (currently Jan. 1, 1972) and have resided continuously since; the general adjustment-of-status authority is at 8 U.S.C. 1255. Regenerate with the correct authority.

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Kingsfield rules on every citation, quote, and proposition your AI produces, against the primary law we cover. Accept, Reject, or Inconclusive, per citation, with a signed Audit Capsule.

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This page is legal information, not legal advice, and does not create an attorney-client relationship. The draft shown is an illustration of a typical AI answer; verdicts reflect the cited authority in the Kingsfield corpus as of the ruling date shown above.

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v0.9.4 · 2026.05.26kingsfield.ai