Adjustment of status is a process that allows certain individuals who are already in the United States to apply for lawful permanent resident status, also known as a green card, without having to leave the country. This process is available to individuals who meet specific eligibility criteria, such as being an immediate relative of a U.S. citizen or having a valid employment-based visa. The adjustment of status application involves submitting various forms, supporting documents, and fees to the U.S. Citizenship and Immigration Services (USCIS). Once the application is approved, the individual will receive their green card, granting them the right to live and work permanently in the United States.
Adjustment of Status is the process through which an individual who is already in the United States can apply to become a lawful permanent resident (green card holder) without having to leave the country.
Eligibility for Adjustment of Status depends on various factors, such as the individual’s immigration status, the type of visa they hold, and whether they have a qualifying family relationship or employment opportunity in the United States.
In some cases, individuals who entered the United States without inspection (illegally) may still be eligible to apply for Adjustment of Status if they have a qualifying family relationship or employment opportunity. However, it is important to consult with an immigration attorney to assess your specific situation.
The processing time for Adjustment of Status applications can vary depending on various factors, including the USCIS workload and the complexity of the case. On average, it can take several months to over a year to complete the process.
If you have filed an Adjustment of Status application and have a valid Employment Authorization Document (EAD), you are generally allowed to work in the United States while your application is pending.
If you have filed an Adjustment of Status application and have obtained a travel document called Advance Parole, you can generally travel outside the United States and return without abandoning your application. However, it is crucial to consult with an immigration attorney before making any travel plans.
If your Adjustment of Status application is denied, you may have the option to file an appeal or a motion to reopen or reconsider the decision. It is advisable to consult with an immigration attorney to explore your options.
Having a criminal record does not automatically disqualify you from applying for Adjustment of Status. However, certain criminal convictions can make you ineligible or create complications in the process. It is essential to consult with an immigration attorney to assess the impact of your criminal record on your eligibility.
In some cases, individuals who are out of status (overstayed their authorized period of stay) may still be eligible to apply for Adjustment of Status if they have a qualifying family relationship or employment opportunity. However, it is crucial to consult with an immigration attorney to assess your specific situation.
If you are in removal proceedings (deportation proceedings), you may still be eligible to apply for Adjustment of Status if you have a qualifying family relationship or employment opportunity. However, it is highly recommended to consult with an immigration attorney to navigate the complexities of your case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 12th April 2024.
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