The Court in its discretion may adjust the status of any alien granted asylum in removal proceedings to the status of a lawful permanent resident, if (1) the alien applies for adjustment; (2) has been physically been present in the United States for at least one year after being granted asylum; (3) continues to be a refugee within the meaning of Section 101(a)(43)(A) of the Immigration and Naturalization Act or a spouse or child of such a refugee; (4) is not firmly resettled in any foreign country; and (6) is admissible as an immigrant under the Act, except as otherwise provided in Section 209(c, at the time of examination for the alien’s adjustment.
This waiver is available for those who have been charged as inadmissible due to being convicted of Crimes Involving Moral Turpitude as well as “Aggravated Felonies” so long as the Respondent has not yet adjusted to the status of a legal permanent resident. The basis for this waiver would be: (1) Family Unity; (2) Humanitarian reasons; or (3) National Interest
Aliens who have committed violent or dangerous crimes may not be granted a discretionary waiver except in extraordinary circumstances, such as those involving national security or foreign policy considerations, or in cases in which an alien demonstrates that the denial of adjustment of status would result in exceptional and extremely usual hardship. (Matter of Jean, 23 I&N Dec. 373 A.G. 2002).