The Essential Guide to Adjustment of Status in the United States

July 15, 2023
Moving to the United States can be a dream come true, but the legal process of becoming a permanent resident can be overwhelming. However, the adjustment of status is a process that can help you get your Green Card without having to return to your home country for visa processing. In this blog post, we’ll explore the essential information you need to know about adjustment of status, who qualifies, and how it works.

1. Understanding Adjustment of Status
Adjustment of status is a process that allows non-US citizens present in the United States to apply for lawful permanent residency and become eligible for the Green Card. This means that you can change your non-immigrant visa status to an immigrant visa status without leaving the US. This is perfect for people who want to settle in permanently, instead of going back and forth to their home country for processing.

2. Who Qualifies for Adjustment of Status?
There are specific eligibility requirements for adjustment of status, including having a valid visa status, evidence showing that you entered the US legally, being eligible for immigrant visa status, and not having committed certain crimes that would make you ineligible for adjustment of status. Furthermore, you must not have violated any laws that would make you ineligible for receiving a Green Card. Factors like these explained will be closely evaluated during the process.

3. How Does Adjustment of Status Work?
In the adjustment of status process, you will complete Form I-485, and it is essential that you complete these forms accurately and thoroughly, and submit them along with other documents like medical examinations, biometrics, and additional filing fees. Once you’ve submitted your application, you’ll need to attend an in-person interview with a USCIS officer and prepare to answer questions about your relationship, eligibility, and any potential inadmissibility issues. The length of time for approval or rejection varies, but you can check the status of your adjustment of status application online.

4. Applying for an Adjustment of Status while Outside the United States
It isn’t an option for you. The only way to get lawful permanent residency or a Green Card is to go through the consular processing, which involves applying for an immigrant visa through the US Consul in your home country.

When it comes to adjusting your status in the United States, there is a lot to consider and navigate through, and the process can be both time-consuming and complicated. However, with the information provided in this blog post, you have an understanding of what adjustment of status is, who qualifies for it, and how it works, including the differences if you are applying outside of the US. Therefore, it is vital that you seek the advice and support of a qualified immigration attorney who can guide you through the process and ease the stress.