Adjustment of status: how to apply, in general terms

"Adjustment of status" is one of those terms we hear all the time in consultations, but that is rarely explained clearly. In this post we tell you, in general terms, what it consists of and how the process works, so you come to your own situation with more context.

What is adjustment of status?

It is the process that allows certain people who are already in the United States to apply for permanent residency (green card) without having to leave the country for consular processing. It is filed with USCIS using Form I-485.

Who might qualify, in general?

USCIS recognizes different categories under which someone might adjust their status, including:

• Through a family relationship (with an approved I-130 petition).
• Through employment (with an approved I-140 petition).
• As a special immigrant (for example, religious workers).
• As an asylee or refugee, if the residence requirements are met.
• As a victim of human trafficking or other crimes (T or U status).
• Through special programs, such as the diversity visa lottery.

In general, you must also be physically present in the country, have been lawfully admitted or paroled, have a visa number available in your category, and have an underlying petition approved or filed at the same time.

What is the process like, broadly speaking?

1. Confirm that the eligibility requirements are met, including that the priority date is current.
2. Gather the supporting documents.
3. Complete Form I-485.
4. Pay the corresponding fees and file the application.
5. Attend the biometrics appointment.
6. Attend the adjustment of status interview, which is required in most cases.

This is not a substitute for legal advice

Each category has its own requirements and exceptions, and real eligibility depends on your complete immigration history. This explanation is general and should not be taken as a guarantee that you qualify; that can only be determined by reviewing your particular case.

If you want to know whether you can adjust your status, schedule a consultation with us.

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