‎Adjust of Status

Adjustment of Status

Adjustment of status is the process of changing from non-immigrant status (eg, student, tourist, etc.) to permanent resident (green card holder). US immigration law allows a temporary visitor to change status to a permanent resident if the person entered the United States legally and meets certain conditions. Adjusting status is one of two routes to obtaining an immigrant visa (green card) in the United States. If the applicant is not eligible for the adjustment, he must use the consular procedure. Both consular processing and adjustment of status may be available options if the applicant is already in the United States.

The following describes in general terms the process of obtaining a family green card by adjustment of status. In this process, the applicant is a US citizen or lawful permanent resident, and the beneficiary is the alien seeking a green card.

Establish eligibility for green card application

A US citizen or lawful permanent resident can apply for certain family members to live in the US and receive a green card. The whole process begins when the US citizen or permanent resident files the appropriate forms for an Alien Relative, on behalf of the beneficiary (potential immigrant). To obtain a green card on the basis of a family connection, the beneficiary must be either the immediate relative or the unmarried adult son or daughter over the age of 21 of a United States citizen or permanent resident. , spouse or children of a U.S. citizen or permanent resident or sibling of an adult U.S. citizen.

Determine eligibility for adjustment of status

To file an adjustment of status application, the potential immigrant must meet three basic conditions. Eligibility for adjustment of status requires that the applicant:

Be physically present inside the United States; You must be inside the United States when the adjustment of status application is filed (and you will need to complete the process inside the United States).

Legal entry means you have been admitted or paroled into the United States. For most people, this means that you entered the United States with valid documents and met in person with a US immigration officer, who recognized your entry into the United States. If you entered with a valid visa, but that visa has since expired, your entry was still legal.

Have an immigrant visa immediately available. Immediate relatives of US citizens may file an adjustment of status application. This is because a visa is always available. However, family preference applicants should ensure that a visa is available. Their category must be "current" in the visa bulletin before submitting their application.

It is also important that the prospective immigrant maintain their eligibility throughout the adjustment process. Changes in circumstances may affect the success of an adjustment request. Only a very limited group of people can adjust their status. This is why the adjustment is generally only used by certain immediate relatives, spouses who entered as fiancés, asylum seekers, refugees, or those who arrived on a work visa and the employer has sponsored to obtain a green card.

File an adjustment of the status request

Prospective immigrants who meet the eligibility requirements for adjustment of status can apply. As mentioned above, immediate relatives can generally submit the petition to USCIS any time they meet the eligibility requirements.

Adjustment appointment

After you file your petition, USCIS will send you a biometric screening appointment notice. This is a relatively quick appointment at a USCIS Application Support Center to get your photo, fingerprints, and signature. USCIS uses biometric data to perform a mandatory criminal background check.

Several months later, USCIS will likely ask you for an adjustment interview. USCIS has the option to waive an interview for certain individuals. He will inform you of the time, date, and place of the interview. USCIS uses the adjustment of the status interview to confirm the information you and your petitioner provided on the petition and adjustment request. This is also an opportunity for them to see if circumstances have changed and if you are not eligible.

The whole adjustment process can take 8 to 14 months, or even longer, depending on delays.

Receive your green card

In some cases, USCIS may require additional information after an interview or even schedule a second interview to review your case in more detail.

Once all documents have been received, interviews have been conducted (if required), security checks have been completed and other eligibility requirements have been reviewed, your file is ready for review by a USCIS officer.

In any case, you will be informed of the decision in writing. If USCIS grants you permanent residence, they will mail your green card to you.

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