Adjustment of Status is the procedure that allows individuals already in the United States to apply for legal permanent residency, also known as a Green Card. Through this process, applicants can become permanent residents without having to leave the United States to complete the visa process in their home country.
Adjustment of Status is the process through which a foreign national who is legally present in the United States, such as on a non-immigrant visa, TPS, or as a beneficiary of an approved family petition, applies to change their immigration status to legal permanent resident (Green Card holder) without having to leave the country.
This process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, with the U.S. Citizenship and Immigration Services (USCIS), along with the required documentation and payment of the applicable fees. If the application is approved, the applicant receives a Green Card and becomes a legal permanent resident of the United States. It is important to meet all requirements and procedures correctly and follow the instructions provided by USCIS during the adjustment of status process.
What are the pathways for adjusting status?
There are different pathways to adjust status in the United States, which may vary depending on each individual case. Here, we explain some of the options for adjusting status.
Through Family Petition
Immediate relatives of U.S. citizens or permanent residents, such as spouses, unmarried children under 21, and parents (if the citizen is at least 21 years old), can be petitioned by their family member to obtain permanent residency.
Through Employment
There are various employment-based visas, including categories such as individuals with extraordinary skills, professionals with advanced degrees, religious workers, and certain investors.
Refugees and Asylees
Refugees and asylees can apply for adjustment of status one year after their admission or grant of asylum in the United States.
Diversity Immigrants (Visa Lottery)
Winners of the Diversity Visa Lottery who are in the United States can adjust their status.
Special Visa Holders
This includes holders of K visas (fiancés and spouses of U.S. citizens) and V visas (certain relatives of permanent residents).
Cuban Adjustment Act
Cuban nationals who have been present in the United States for at least one year may be eligible to adjust their status.
Each of these pathways has specific requirements and detailed processes that must be followed carefully to ensure a successful transition to legal permanent residency. It is advisable to consult with an immigration attorney to determine the best adjustment of status route based on your personal situation and current immigration status
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