As a non-immigrant visa holder, you may be able to apply to change your immigration status to a permanent resident of the United States without necessarily leaving the country for visa processing. This is done through a process known as an adjustment of status. However, not everyone qualifies for this opportunity.
You must fulfill certain criteria to qualify for an adjustment of status. First, you must be in the country legally and maintain lawful status during your stay. You may be ineligible for an adjustment of status if you entered the United States without inspection or overstayed your visa. That said, you might still be eligible, as some exceptions apply to specific cases.
Other eligibility requirements
Beyond being physically and legally present in the United States, you must also qualify for permanent resident status or a Green Card when applying for an adjustment of status. This often involves having a qualifying family relationship or an employment opportunity, depending on the Green Card category that fits your situation. It’s also worth noting that annual numerical limitations exist in some Green Card categories, which could affect your eligibility.
You must also be admissible to the United States when applying for an adjustment of status. Some grounds for inadmissibility include criminal convictions, health issues, fraud or previous immigration violations, among others.
Other eligibility criteria may apply when seeking an adjustment of status. It all comes down to the particulars of your petition. As such, it is prudent to seek legal assistance before getting started. An informed assessment of your eligibility and qualified guidance through the required documentation can help you prepare for the process, ensuring you have a better chance of success in obtaining permanent resident status without having to travel back to your home country.