Adjustment of Status in the United States is the process through which eligible foreign nationals already residing in the country can apply to become lawful permanent residents (Green Card holders). This process allows individuals to transition from their current non-immigrant or temporary status to permanent residency without the need to leave the United States. Whether sponsored by family members, employers, or other qualifying categories, the adjustment of status is a significant step on the path to achieving long-term legal status and enjoying the privileges and benefits of residing in the United States as a lawful permanent resident.
Here are key points about the adjustment of status process:
Eligibility: Not all foreign nationals in the U.S. are eligible for adjustment of status. Eligibility is generally based on specific categories, such as family-sponsored immigrants, employment-based immigrants, diversity visa lottery winners, refugees, asylees, and certain other categories.
Family Sponsorship: Many individuals adjust their status through family sponsorship, where a U.S. citizen or lawful permanent resident family member petitions for their Green Card.
Employment-Based: Some individuals, particularly those in certain employment-based visa categories, can adjust status based on their job and employer’s sponsorship.
Application Process: The adjustment of status process involves filing various forms, such as Form I-485 (Application to Register Permanent Residence or Adjust Status), along with required supporting documentation and fees.
Background Checks: Applicants are subject to thorough background and security checks, including fingerprinting, criminal background checks, and security clearances.
Medical Examination: Applicants are required to undergo a medical examination by an approved civil surgeon to ensure they do not pose a public health risk.
Interview: In many cases, applicants are required to attend an in-person interview at a U.S. Citizenship and Immigration Services (USCIS) office to assess their eligibility for Green Card status.
Work Authorization and Travel: While their applications are pending, some applicants may be eligible for work authorization and permission to travel internationally using an Employment Authorization Document (EAD) and Advance Parole, respectively.
Conditional Permanent Residence: In some cases, conditional permanent residence may be granted. For instance, spouses of U.S. citizens or Green Card holders may receive a two-year conditional Green Card, which must be converted to full permanent residence.
Two-Year Home Residency Requirement: Some J-1 visa holders and their dependents may be subject to a two-year home residency requirement that must be satisfied before adjusting their status.
Biometrics and Medical Examination: Applicants are required to provide biometric information (fingerprints) and undergo a medical examination by a designated civil surgeon.
Issuance of Green Card: If the adjustment of status is approved, the applicant will be issued a Green Card, granting them lawful permanent residence.
It’s crucial to follow the specific application guidelines for the category you are applying under and consult with immigration authorities or an immigration attorney for the most up-to-date information and guidance. Adjusting status is a significant step in the path to becoming a permanent resident of the United States.
