An adjustment of status is a process that allows individuals physically present in the U.S. to apply for lawful permanent resident status or a Green Card without leaving the country. You can transition from a temporary visa holder or non-immigrant status to a lawful permanent resident if you meet the eligibility requirements.
First, you must have entered the U.S. lawfully and have a valid visa or other authorized presence. You must also qualify for a Green Card. Common eligibility categories include certain family members of U.S. citizens and permanent residents, employment-based visa holders and certain special immigrants like refugees or asylum seekers.
How the process works
In a nutshell, applying for an adjustment of status involves filing the necessary paperwork with the U.S. Citizenship and Immigration Services (USCIS), such as Form I-485 (Application to Register Permanent Residence or Adjust Status), alongside supporting documentation like proof of eligibility, identity and financial information. You may also need to submit a medical examination and undergo biometrics before attending an interview with the USCIS.
It can take several months or even years to complete the process, depending on your specific situation and USCIS processing times.
What are the benefits?
An adjustment of status allows you to remain in the U.S. while your application is being processed. You may also apply for employment authorization if you do not have a valid work visa, allowing you to work legally in the U.S. during this period.
Complex documentation, eligibility issues and legal nuances are some of the challenges you may have to navigate when seeking an adjustment of status. Even the slightest mistake can be disastrous to your application. It amplifies the need to seek legal guidance to help avoid common pitfalls and increase the odds of a successful outcome.