Adjustment of status refers to the process by which a foreign national who is already present in the United States can apply for lawful permanent resident status, commonly known as a green card, without having to leave the country. This process allows individuals to change their immigration status from temporary visa holders, such as a student or temporary workers, to permanent residents. To be eligible for adjustment of status, several conditions must be met, including:
Eligibility Category: The applicant must fall into a specific category that allows for adjustment of status. These categories include family-based immigration, employment-based immigration, refugee/asylee status, and certain other special categories.
Approved Immigrant Petition: In most cases, the applicant need to have an approved immigrant petition, such as Form I-130 (Family-Based) or Form I-140 (Employment-Based), filed on the applicant’s behalf by a qualifying family member or employer.
Visa Availability: A visa must be immediately available in the applicant’s category. Some categories have numerical limits, and the applicant cannot adjust his/her status until a visa becomes available.
Inspection and Admission: The applicant must have entered the United States legally and been inspected and admitted or paroled by a U.S. immigration officer.
The process of adjustment of status typically involves the following steps:
File Form I-485: The applicant needs to submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with the required supporting documents to the U.S. Citizenship and Immigration Services (USCIS).
Biometrics Appointment: USCIS will schedule a biometrics appointment where the applicant’s fingerprints, photograph, and signature will be taken for background checks.
Interview (if required): In some cases, USCIS may require the applicant to attend an interview to verify the information provided in the applicant’s application. The interview is typically conducted by an immigration officer who will ask the applicant questions regarding eligibility and immigration history.
Decision: After completing the necessary checks and reviewing the application, USCIS will make a decision on the adjustment of status application. If approved, the applicant will receive their green card, granting them lawful permanent resident status.
It is important to note that the adjustment of status process can be complex and may vary depending on individual circumstances. Consulting with an experienced immigration attorney or accredited representative can help ensure that the application is properly prepared and submitted.
