What Is Adjustment of Status? Apply for a Green Card From Inside the U.S.
If you’re already in the U.S. legally on a nonimmigrant visa, the adjustment of status process may allow you to become a lawful permanent resident without ever having to leave the country.
While nonimmigrant visas are only issued to people intending to return to their home country, plans can change. When they do, U.S. immigration law has provisions to allow you to apply for an immigrant visa and adjust your status if your immigrant visa is approved.
Jorge Munoz Law Firm works with clients at every stage of this process.
Consider these situations:
- You came to the U.S. on a student visa, intending to return home, but were offered a permanent position by an employer willing to sponsor an employment-based immigrant visa.
- You came to the U.S. on a temporary work visa and then fell in love with a U.S. citizen.
In these situations, adjustment of status through U.S. Citizenship and Immigration Services (USCIS) may be more appropriate than returning home and then applying for a green card.
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Are You Eligible For An Adjustment of Status?
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What is an Adjustment of Status?
Adjustment of status is how a foreign national already living in the U.S. applies for a green card without having to leave the country. Instead of going through consular processing at a U.S. embassy abroad, you file your application with USCIS and remain in the United States while it is reviewed.
Who Can Apply for an Adjustment of Status?
If you are already legally in the country on a temporary non-immigrant visa, but your plans have changed, and you seek a green card, you might be eligible for adjustment of status.
With few exceptions, you will need someone willing to sponsor an immigrant visa on your behalf before you file Form I-485, Application to Register Permanent Residence or Adjust Status.
USCIS will review whether your original visa was obtained in good faith. Officials understand that plans change, but they will check that you did not enter the U.S. with the intent to misuse the system.
Adjustment of Status Requirements
To be eligible, you generally need to meet these adjustment of status requirements:
- You must be physically present in the United States
- You must have entered the U.S. lawfully and been inspected by an immigration officer at a port of entry
- You must have an approved immigrant visa petition, such as Form I-130 or Form I-140, or qualify to self-petition
- An immigrant visa must be immediately available based on your preference category and priority date
- You must not be subject to any legal bars to adjustment under U.S. immigration law
Are You Eligible For An Adjustment of Status?
Immigrant Visa Sponsorship: The First Step in Adjustment of Status
Before USCIS will adjust your status, you must be a named beneficiary on an immigrant visa petition. Typically, this requires a sponsor who is willing to file the visa petition, follow through with each step of the process, and accept financial responsibility for you for approximately 10 years.
Not just anyone can sponsor your immigrant visa petition. The rules for sponsorship are very specific and complex. Green card holders and U.S. citizens can sponsor certain family members. U.S. employers who meet specific requirements can sponsor your immigrant visa so that you can apply for an adjustment of status.
You may be eligible for self-petitioning if you qualify in one of the following ways:
- Eligibility through an employment-based petition with a National Interest Waiver
- Eligibility through an employment-based petition due to possessing an extraordinary ability
- Eligibility through pathways established for victims of abuse
- Eligibility through asylum
For employment-based immigrant visas, your potential employer must meet certain requirements and file a Form I-140, Immigrant Petition for an Alien Worker on your behalf.
The easiest and most common pathway towards adjustment of status is through a U.S. citizen or lawful permanent resident family member. To apply for an immigrant visa on your behalf, your family member must file Form I-130, Petition for Alien Relative.
Part of the reason why family-based visas are the more common way to adjust status is that Form I-130 has an approval rate of close to 99 percent. When the family member is a U.S. citizen, and the beneficiary is an immediate family member, the process can also be very quick. This is because the U.S. does not set an annual cap on the number of immediate family immigrant visas each year.
What Happens After Filing a Green Card Adjustment of Status Application
After filing your green card adjustment of status application, USCIS will review your case. Although every case is different, most applicants complete several steps before receiving a final decision. Knowing what to expect can help you prepare for each stage of the process.
USCIS will send a receipt notice confirming they received your Form I-485 application. This notice includes a receipt number you can use to track your case online. If required, USCIS will then schedule a biometrics appointment to collect your fingerprints, photographs, and signatures for identity verification and background checks.
As USCIS reviews your application, they may issue a Request for Evidence (RFE) if they need additional documents or clarification. Responding promptly and providing complete information can help prevent unnecessary delays.
USCIS may also schedule an interview to verify the information in your application and determine whether you meet the adjustment of status requirements.
If USCIS approves your case, you will receive your green card and become a lawful permanent resident. If the USCIS officer reviewing your case needs additional information or must complete further review, they will notify you of the next steps.
Working with an immigration attorney can improve your chances of a smoother process by gathering adjustment of status requirements, responding quickly to USCIS requests, and attending all required appointments with you. If you have questions about what adjustment of status is or need guidance with your case, an immigration attorney from Jorge Munoz Law Firm can help you prepare your application, monitor your case status, and address issues that arise while you have a pending application.
Trust Us With Your Adjustment of Status Case.
Frequently Asked Questions About Adjustment of Status
What is the adjustment of status form called?
To apply for adjustment of status, you file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS.
Your attorney may suggest that you get a medical exam and catch up on any required vaccinations in advance so that you can file Form I-693, Report of Immigration Medical Examination and Vaccination Record, at the same time as you file Form I-485 to speed up the process.
What is the adjustment of status fee?
Always verify the current fees directly on the USCIS fee schedule page before filing, as fees are updated periodically. In addition to the fees from USCIS, you must also consider attorney fees or other incidental charges such as fees for translation services or copy services.https://www.uscis.gov/forms/filing-fees
In very rare circumstances, you may qualify for a fee waiver through USCIS when applying for adjustment of status.
Talk to Jorge Munoz Law Firm About Your Green Card Adjustment of Status Case
Whether you are just starting to explore your options or are ready to file, our team at Jorge Munoz Law Firm is here to help. We will review your situation, explain the adjustment of status requirements that apply to your case, and guide you through every step. https://jmimlaw.com/contact/
Jorge Muñoz, the founder and managing attorney of Jorge Munoz Law Firm, is dedicated to advocating for immigrants. He immigrated to the United States on an employment-based visa from Colombia.
He understands immigration law. To request a consultation, you can call ortel:3465765000 text 786-802-7819, use the contact form, or send an email.
