Adjustment of Status is a way for certain individuals already in the United States to apply for a green card without leaving the country. If you can complete the Adjustment of Status process successfully, you’ll be granted a green card and have the same rights and responsibilities as any other permanent resident of the United States.
Now, you might wonder: “Am I eligible for Adjustment of Status?” Well, the eligibility requirements can vary, but generally, you’ll need to meet specific criteria and be the beneficiary of an approved immigrant petition. It’s also worth noting that Adjustment of Status isn’t available to just anyone – it’s only an option for a select group of individuals.
Eligibility Criteria for Adjustment of Status
To be eligible for Adjustment of Status, an individual must generally meet the following criteria:
- The individual must be physically present in the United States at the time of application.
- The individual must be the beneficiary of an approved immigrant petition, such as a Petition for Alien Relative (Form I-130) or an employment-based petition (Form I-140).
- The individual must be admissible to the United States. This means they do not have certain criminal convictions or health-related issues that would make them ineligible for a green card.
- The individual must be eligible for a green card through a “preference category” based on their relationship to a U.S. citizen or lawful permanent resident, or their employment.
It is important to note that these are general eligibility requirements, and there may be additional criteria that apply to your specific situation.
Filing for Adjustment of Status
If you’re considering applying for Adjustment of Status, here are the steps it requires:
- Gather supporting documents: To support your Adjustment of Status application, you’ll need to gather various documents, including proof of your identity, your immigration history, and your relationship to a U.S. citizen or lawful permanent resident (if applicable). Your lawyer can advise you on what documents fulfill these criteria.
- Complete Form I-485: This is the main application form for Adjustment of Status. In it, you provide detailed information about yourself, including your personal and contact information, employment history, and immigration history.
- Apply: Once all the necessary information is gathered and the forms are filled, the next step is submitting it, along with the appropriate filing fee.
- Wait for a decision: It can take several months or even years for the USCIS to process your Adjustment of Status application. You’ll receive a notice in the mail when a decision has been made.
It’s important to note that the Adjustment of Status process can be complex, and it’s always a good idea to seek the help of an experienced immigration lawyer or qualified representative if you have any questions or need assistance. You can contact our lawyers by calling, emailing, filling out our contact form, or scheduling an appointment.
If you think Adjustment of Status may be your next step, you can also reach out to us, and we will advise you on your eligibility.
In the next post, we will detail what you can and cannot do while processing Adjustment of Status.