ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE

Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card). A person outside the U.S. may adjust his or her status if eligible for some type of visa whether it is family-based or employment-based.

Under the Immigration and Nationality Act the status of a nonimmigrant who was inspected and admitted or paroled into the United States or the status of any other noncitizen having an approved petition for classification as a VAWA self-petitioner may be adjusted to a lawful permanent resident. This includes but is not limited to immediate relatives, employment-based petitions, and fiance(e) visas.

The noncitizen must make an application to adjust status using USCIS I-485 Form, be eligible to receive a visa and be admissible, and the visa is immediately available.

AM I ELIGIBLE TO REGISTER OR ADJUST MY STATUS TO THAT OF PERMANENT RESIDENT?

You may be eligible to adjust your status to permanent resident if:

(1) There is an immigrant visa immediately available to you based on an approved immigrant petition; or
(2) You have filed a completed petition that if approved would make a visa immediately available to you; or
(3) You have been admitted as a fiance(e) of a U.S. Citizen and married that citizen within 90 days; or
(4) You were admitted as a child of a fiance(e); or
(5) You were granted asylum in the United States if you have been physically present in the United States for 1 year after the grant of asylum; or
(6) You were admitted as a refugee and have been physically present in the United States for 1 year following admission; or
(7) You are a native or citizen of Cuba, were admitted or paroled into the United States after January 1, 2959, and have been physically present in the United States for at least one year; or
(8) You are the spouse or unmarried child of a Cuban described in (7), you were admitted or paroled after January 1, 1959, and have been physically present in the United States for at least one year; or
(9) You have continuously resided in the United States since before January 1, 1972.

There may be additional ways to apply for adjustment of status. Please contact us if you believe you may be eligible for permanent residence.


WHAT MAKES A NON-CITIZEN INELIGIBLE TO ADJUST STATUS?

(1) Entry into the U.S. without a visa;
(2) Entry into the U.S. as a nonimmigrant crewman;
(3) You were not admitted or paroled following inspection by an immigration officer;
(4) Your authorized stay expired before you filed to adjust your status;
(5) You were employed in the U.S. without USCIS authorization prior to filing for adjustment of status;
(6) You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are: an immediate relative of a U.S. citizen; a fiance(e) or fiance(e) dependent who married a U.S. citizen; or an H or I nonimmigrant;
(7) You were admitted as a fiance(e) but did not marry the U.S. citizen who filed a petition for you.

Note: This list is not exclusive. There may be other conditions that may you ineligible to apply for adjustment of status.