Adjustment of Status is an immigration application filed for an immigrant who is within the United States. Usually, this occurs when there is a successful and current petition for “alien relative”. However, adjustment of status can occur in other immigration scenarios, such as those granted asylum or an I-140.
Once the adjustment of status application is filed, the immigrant is temporarily in legal status until the application is adjudicated. Adjustment of status is not the same as a change of visa status.
Most adjustment of status occur in the following ways:
- Through marriage
- A current family-based petition
- A current employer petition
- One year after asylum is granted.
The most common method of adjusting status results in what people refer to as “green card through marriage.”
The USCIS allows an immigrant to change his or her status (with some exceptions) to that of a lawful permanent resident if he or she entered the country on a valid visa and was properly inspected prior to entry into the United States. In other words, a successful adjustment of status will lead to a “green card” also known as lawful permanent residence.
Adjustment of Status applications are usually concurrently filed with other applications, such as a work authorization application. Once the application for adjustment of status is approved, the applicant is interviewed. Upon successful completion of the interview, a green card will be issued.
If you are currently outside of the United States, you cannot apply for adjustment of status. Rather, you must go through consular processing at your nearest US Embassy.
Requirements
An Adjustment of Status applicant must be able to furnish proof of several key criteria. Failure to do so could result in the denial of his or her application:
- Up-to-date, temporary legal status within the United States
- Approval of all prerequisite petitions
- Availability of the desired class of immigrant-track visa
- No pending removal proceedings
- No history of unauthorized employment or criminal activity
In addition, Adjustment of Status applicants must remain eligible for permanent residency throughout the application process. For instance, an applicant whose only permanent-resident relative passes away midway through the process may no longer be eligible for a family-based permanent resident card.
Procedure to Apply for Adjustment of Status
1. Decide what is your Basis to Immigrate
The first step in the adjustment of status process is to establish that you fit into a specific immigrant category. Most immigrants become qualified for a green card (permanent residence) through a petition filed on your behalf by a family member or employer. This includes a spouse. Others become permanent residents through refugee or asylum status, or through several other provisions of the law.
2. File the Immigrant Petition
When you know what category you believe best fits your situation, in most cases, you will need to have an immigrant petition filed on your behalf.
- Family Based
Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative, for you. - Employment Based
Employment based categories most often require the intending U.S. employer to file a Form I-140, Petition for Alien Worker, for you. Entrepreneurs who intend to invest significant amounts of capital into a business venture in the United States may file Form I-526, Immigrant Petition by Alien Entrepreneur” on their own behalf. - Special Classes of Immigrants
In some cases, certain immigrants may file a Form I-360, Petition for Amerasian, Widow(er), and Special Immigrant, or have one filed on their behalf. - Humanitarian Programs
Most humanitarian programs do not require an underlying petition, although individuals may need to meet additional requirements before they can adjust status.
Depending on the category you wish to adjust under, you may be eligible to have the petition filed simultaneously with your Form I-485, Application to Register Permanent Residence or Adjust Status. This is called “concurrent filing.” Immediate relatives of a U.S. citizen usually file concurrently. Also, other applicants who have a visa immediately available may be able to file concurrently. Some categories, however, require that you first establish your eligibility for the immigrant category by having an approved petition before you are allowed to file Form I-485, for these categories you will not be able to file concurrently.
3.Check Visa Availability.
Unless you are an “Immediate Relative” you may not file your Form I-485 until a visa is available in your category. In other categories, if an immigrant visa is currently available to you, you may be able to apply for permanent residence status on Form I-485.
4. File Form I-485, Application to Register Permanent Residency or Adjust Status
Regardless of whether a petition must be filed and approved prior to your filing Form I-485 or whether it may be filed concurrently, you will need to apply for permanent residence on Form I-485 at the appropriate time.
There are a few categories, which may require a different form than Form I-485. When filing Form I-485, you must carefully read the form instructions carefully and submit all required documentation and evidence for your specific category. Failure to do so may result in your application being delayed or even denied for failure to establish that you are eligible to adjust status.
5. Go to your Application Support Center appointment (fingerprints)-
After you file your application, you will be notified to appear at an Application Support Center for biometrics collection. This involves having your picture and signature taken and fingerprinting. With this information the USCIS conducts the required security checks.
6. You will receive a notice to go to your interview (if applicable)
You will be notified of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation. regarding your application. You must attend all interviews when you receive a notice. In marriage cases, the spouse must also attend.
When you go to your interview, you (and the family member that filed the Form I-130 petition on your behalf, if applicable) must bring originals of all documentation submitted with this application including passports, official travel documents, and Form I-94 even if they are expired.
Some applications do not require an interview. USCIS officials will review your case to decide if it meets one of the exceptions.
7. You will receive your final decision in the mail
After the paperwork has been reviewed, interviews conducted (if necessary), security checks completed, and other eligibility requirements examined; your case will be ready for a decision by USCIS. In all cases, you will be notified of the decision in writing.
Change of Address
You must advise USCIS of a change of address.
Benefits of Adjustment of Status
An Adjustment of Status application confers several immediate benefits. First, temporary visa holders are generally permitted to remain in the country during the processing period. This privilege enables visa holders to lodge Adjustment of Status applications without significantly disrupting their lives. In addition, Adjustment of Status petitioners may simultaneously apply for a U.S. work permit that covers the duration of the processing period. Finally, all applicants are permitted to travel outside of the United States for the duration of the processing period. This includes applicants whose temporary visas would not normally permit them to do so.