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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
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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 fiance 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.