The JD Law Group, APLC
Adjustment of
Status
Adjustment of Status
Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
Who is Eligible For Adjustment of Status
Generally, immediate relatives, asylees, and refugees can adjust their status to get a green card. You qualify to submit an adjustment of status application if you meet these eligibility requirements:
- You’re eligible for the green card type you’re applying for.
- You’re physically present in the United States and came in on a valid visa.
- You’re in lawful status.
- You have an approved I-130 or I-140 petition if you’re not filing a concurrent application.
- Your priority date is current if you’re in a “preference category” (meaning, you have to wait for a visa number for your green card application type).
- You’re on a K-1 fiancé visa, and you’ve married your U.S.-based spouse while your visa is still valid.
- You’ve waited at least one year since U.S. Citizenship and Immigration Services (USCIS) granted you asylum or refugee status.
- You’re eligible for adjustment of status under Section 245(i) of the Immigration and Nationality Act (INA) – the heart of U.S. immigration law.