For many immigrants, obtaining lawful permanent residency is a critical step toward long-term stability in the United States (U.S.). The Adjustment of Status process allows eligible individuals who are already in the U.S. to apply for permanent residency without needing to leave the country. If granted, the applicant receives a green card, and his immigration status is changed to lawful permanent resident. Therefore, the applicant is granted the right to live and work in the U.S., provided they intend to maintain their residence here.
Successfully navigating the Adjustment of Status process requires a clear understanding of eligibility requirements, application steps, and potential challenges. We’ll walk you through a general overview of the process.
U.S. immigration laws provide specific eligibility requirements for Adjustment of Status. Generally, the process is available for individuals who entered legally and have a qualifying basis for permanent residency. The requirements for an adjustment of the application to be filed are:
(1) to be physically present inside the U.S. at the time of filing;
(2) to have entered the U.S. lawfully admitted or paroled;
Additional requirements include filing a family-based (I-130), employment-based (I-140), or humanitarian petition along with the Adjustment of Status. In addition, the applicant must not be inadmissible under immigration law, for which criminal history and financial proof are taken into consideration. These general requirements apply to most applicants, but exceptions and waivers are a possibility under specific circumstances.
Applying for Adjustment of Status involves multiple steps. For starters, eligibility must be determined. At this point, potential bars to adjustment, such as unlawful presence or criminal history, are considered. The second step consists of submitting Form I-485 (Application to Adjust Status), along with supporting documents. Some required documents may include medical exam results (I-693), or an Affidavit of Support (I-864). Subsequently, the United States Citizenship and Immigration Services (USCIS) will schedule a biometrics appointment for a background check, with some applicants possibly being scheduled for an interview with USCIS. Afterward, the application is completed and awaiting a USCIS decision.
Even when an applicant meets all the basic requirements for a successful Adjustment of Status, challenges may arise during the process. For most family-based applicants, demonstrating financial support through a strong I-864 is crucial to avoid denial. For applicants who entered the U.S. unlawfully, a waiver under special categories such as asylum or the Violence Against Women Act (VAWA) may be a solution.
Adjusting your status to become a lawful permanent resident is a significant milestone in achieving stability in the U.S. While the process can be complex and time-consuming, proper preparation and legal guidance can help improve your chances of success. In the American Dream Law Office, we are committed to guiding clients through every step of the Adjustment of Status process. Our team provides strategic legal support to help applicants navigate the complexities of the application while overcoming potential challenges.
