Adjustment of Status: Applying for a Green Card When You’re Already 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.
Consider these situations:
- You came to the U.S. on a student visa, intending to return home, but are 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 an immigrant visa using consular processing.
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Are You Eligible For An Adjustment of Status?
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What Is Adjustment of Status?
Adjustment of Status is the process of applying for lawful permanent resident status through USCIS instead of consular processing.
It’s for people who are already physically present in the United States.
Who Can Apply for an Adjustment of Status?
If you are already legally in the country on a temporary nonimmigrant 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.
USCIS officials may examine whether you had false intent when you applied for your original temporary vise.
You can’t seek a nonimmigrant visa with the intent to manipulate the system so that it leads to a green card.
For example, it’s illegal to apply a student visa for the purpose of finding someone to trick into marrying you so that they can sponsor your immigrant visa petition.
Every immigrant visa petition that is processed by immigration officials is subject to scrutiny. Officials will try to determine if you’re lying just to get a green card. They will also examine whether you are eligible for a green card.
The same goes if you seek a green card through the adjustment of status process. At the same time, officials do realize that plans change. U.S. immigration law recognizes that when your plans do change, it may be easier to seek a green card from within the United States.
Are You Eligible For An Adjustment of Status?
Immigrant Visa Sponsorship: The First Step Towards Adjustment of Status
Typically, before USCIS will adjust your status, you must be a named beneficiary on an immigrant visa petition.
This usually involves someone else, like a family member or employer, sponsoring an immigrant visa petition on your behalf.
Of course, as with most aspects of immigration law, there are exceptions. Depending on your situation, you may qualify to self-petition your immigrant visa.
Plus, some people who fall under certain nonimmigrant classification, such as T-nonimmigrants, may be allowed to file for an adjustment of status after a waiting period and without an immigrant visa petition.
Normally though, for adjustment of status eligibility, the first step is to become the 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 though 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 because 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. doesn’t set an annual cap on the number of immediate family immigrant visas each year.
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Frequently Asked Questions About Adjustment of Status
Adjustment of Status Attorney in Charleston, SC and Houston, TX
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 Columbia.
He understands immigration law. To request a consultation, you can call 346-576-5000, text 786-802-7819, use the contact form, or send an email.
