What is adjustment of status? How do I apply for a green card while in the United States?
Navigating the path to permanent residency in the U.S. can feel complex, but for those already present in the country, a process known as Adjustment of Status offers a streamlined route to obtaining a Green Card. This means you may be able to become a lawful permanent resident without the need to return to your home country for visa processing.
What is a Green Card?
A Green Card is the common term for the green permanent resident card, issued by the U.S. Citizenship and Immigration Services (USCIS), the government agency responsible for processing immigration applications and petitions. This card is issued to permanent residents who are nationals of other countries, legally residing in the United States and have decided to make it their home. Permanent residence is typically obtained through a family petition or an employment-based petition.
What is Adjustment of Status?
Adjustment of Status is the process wherein a non-citizen present in the United States applies for permanent residency while in the country by filing an application with the USCIS, as opposed to consular processing, which is a process completed at a U.S. consulate abroad, allowing the beneficiary of an immigrant petition to permanently immigrate to the United States. The adjustment of status application can be done in one step, which is the combination of the immigrant petition (I-130 relative petition or I-140 petition for alien worker) and the adjustment of status application form itself (I-485 application). It can also be done in two steps, with the immigrant petition filed first and then the adjustment application filed after.
How does Adjustment of Status work?
Step 1: Determine Your Green Card Eligibility
The first and most crucial step is to understand if you qualify for a Green Card. U.S. immigration laws offer various categories for applying, and the eligibility requirements for adjustment of status will depend on the specific immigrant category you fall under.
Step 2: File an Immigrant Petition
For most Green Card applicants, an immigrant petition is the initial filing. This petition is typically filed on your behalf by someone else (often a sponsor or petitioner). However, in some cases, you might be eligible to file for yourself.
Most categories require an approved immigrant petition before you can file your Green Card application (Form I-485). However, some categories allow "concurrent filing," meaning you can file your Form I-485 at the same time or while the immigrant petition is pending. Certain categories, like those under the Cuban Adjustment Act, may not require an underlying immigrant petition at all.
Step 3: Check Visa Availability
In many cases, you cannot file your Form I-485 until an immigrant visa becomes available in your specific category. This availability is determined by visa bulletins published by the Department of State.
However, for Immediate Relatives of U.S. citizens, there is always a visa available. This means that for immediate relatives (spouses, unmarried children under 21 years old, and parent of U.S. citizens who are 21 years old and older), they may be able to file the family petition and the I-485 together if they meet certain criteria.
Step 4: File Form I-485, Application to Register Permanent Residence or Adjust Status
Once you meet the above requirements, you can file Form I-485. This is your official application for lawful permanent resident status. With this application, you will need to show that you have a qualifying sponsor and that you have met all the requirements. You can also apply for employment authorization and advance parole to allow you to work and travel abroad while the application is pending.
Step 5: Monitor your Case and Attend Your Immigration Appointments
After your green card application is received, you will receive a receipt notice confirming that they have received your application. You may also receive an invitation to attend a biometrics capture appointment as part of the background check process. If USCIS needs additional evidence or information for your application, they will issue a Request for Evidence (RFE).
Step 6: Receive a Decision on your Case
After the interview or the review of documentation if an interview is waived, the USCIS will issue a decision. If the officer determines that you have met all eligibility requirements, then your application will be approved and you will receive your green card in a couple of weeks or so after the decision is made. For more information on what to expect after you file your Green Card application please view our comprehensive blog post here.
How can I be successful in my green card application?
Navigating the Adjustment of Status process requires careful attention to detail and adherence to all requirements. By understanding each step, you can better prepare for your journey to becoming a lawful permanent resident in the United States. We have over a decade of experience helping immigrants obtain their permanent residence. If you would like our assistance, please contact us. We’re here to help! Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.
Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
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