With adjustment of status, you can obtain a green card as a lawful permanent resident while remaining in the United States. While your application is being processed, you may be eligible to obtain employment authorization.
Immigrant visas that enable you to get a green card are issued in limited numbers each year, and in many categories, applicants have a significant wait for a visa to become available.
Who Can Apply for Adjustment of Status?
Many foreign nationals currently living in the U.S. are not aware that they are eligible to seek adjustment of status to work and live permanently in the U.S. You might be able to apply if you are in the U.S. now and you are:
- The immediate relative (spouse, parent, or unmarried minor child) of a U.S. citizen
- Eligible for a family preference visa as the child or sibling of a U.S. citizen
- Eligible for a family preference visa as the spouse or unmarried child of a lawful permanent resident
- Eligible for an employment-based visa
- A dependent of a qualifying visa applicant
- Admitted as a refugee or granted asylum at least one year ago
- A victim of certain crimes or abuse
- A continuous resident of the U.S. since 1972
Note that anyone who entered the U.S. on a K-1 fiancé visa and does not marry the fiancé who filed the petition on their behalf cannot apply for adjustment of status even if they marry a different U.S. citizen or green card holder.
The Process of Seeking Adjustment of Status
To adjust your status to lawful permanent resident, you generally need a petition approved by U.S. Citizenship and Immigration Services (USCIS). Your sponsor files this petition on your behalf. If a visa is immediately available for you, it may be possible to file your application to adjust status at the same time as the petition. An immigration lawyer can tell you if you qualify for concurrent filing. Some victims and workers are able to petition on their own behalf.
After the petition has been approved by USCIS, you may need to wait until a visa becomes available in your category. Once you have been notified that a visa is available, you can file Form I-485 to adjust your status.
Immigration authorities will review your documentation and ask for additional information. Then you will need to meet with officials for an interview to determine if you should be granted a visa.
Find Out More About How American Dream® Law Office Could Help You Adjust Your Status to Permanent Resident
For many people, adjustment of status to lawful permanent resident (with a green card identifying your status) represents the American Dream®. That’s the foundation of our entire practice. At American Dream®
Law Office, we want to help others enjoy the same opportunities that we have found in the United States.
We know the process is not easy, and that’s why we offer assistance with many immigration issues, including adjustment of status to permanent resident. To learn more about how we could help in your case, contact us now for a confidential consultation.