The following excerpt is from Obitz v. District Director of Immigration and Naturalization Service, 623 F.2d 1331 (9th Cir. 1980):
An alien requesting an adjustment of status pursuant to section 245 must demonstrate: (1) that he has applied for an adjustment of status; (2) that he is eligible to receive an immigrant visa and is admissible to the United States; and (3) that an immigrant visa is immediately available to him at the time his application is filed. 8 U.S.C. 1255. Whether an alien has satisfied these statutory criteria is a question "of law and fact and is determined by specific statutory standards." Marino v. INS, 537 F.2d 686, 690 (2d Cir. 1976). Once an alien has demonstrated statutory eligibility for adjustment of status, the Attorney General must then exercise his discretion to grant or deny the requested adjustment of status. Id.
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