When such negative factors exist, the factors will be weighed to determine whether adjustment will be granted. Close family relatives, particularly immediate relatives, may be a strong factor favoring adjustment. Preconceived intent to remain in the U.S. at the time of entry as a nonimmigrant, even though not resulting in fraud or willful misrepresentation, may be a sufficient negative factor to deny adjustment of status. However, immediate relatives of U.S. citizens can overcome such negative factors. However, the alien may apply for advance parole prior to departing the United States to ensure that his or her application is not deemed abandoned.
Advance parole is available for any legitimate personal or business reason.
The interim rule was published in 64 FR 29209. This is an unrestricted employment authorization that permits the alien to work for any employer. The alien may continue working pursuant to his or her existing nonimmigrant status, if such status permits employment. However, the INS normally takes the position that, after the application for adjustment of status is filed, the alien has immigrant intent and is no longer eligible for extensions or changes of nonimmigrant status. For this reason, it is advisable to obtain an unrestricted employment authorization in most cases.