Adjustment Of Status
Adjustment of status is the process of changing from a non immigrant immigration status (e.g. student, tourist, etc.) to permanent residence (Green Card holder). U.S. immigration law allows a temporary visitor to change status to a permanent resident if the individual lawfully entered the United States and meets certain requirements. Adjustment of status is one of two paths for obtaining an immigrant visa (green card) to the United States. If the applicant is not eligible for adjustment, he or she must use consular processing. Both consular processing and adjustment of status may be available options if the applicant is already in the U.S.
The following describes in general terms the process for obtaining a family-based green card through adjustment of status. In this process, the petitioner is a U.S. citizen or lawful permanent resident, and the beneficiary is the foreign national seeking a green card.
Establish Eligibility to Apply for a Green Card
A U.S. citizen or lawful permanent resident may petition certain family members to live in the U.S. and receive green card. The entire process begins when the U.S. citizen or permanent resident files the appropriate forms for an Alien Relative, on behalf of the beneficiary (intending immigrant). To obtain a green card based on a family relationship, the beneficiary must be in either the immediate relative or unmarried adult son or daughter over 21 years of age of U.S citizen or permanent resident, Spouse or children of U.S citizen or permanent resident or Brother and Sister of Adult U.S citizen.
Determine Eligibility for Adjustment of Status
To file an adjustment of status application, the intending immigrant must meet three fundamental requirements. Eligibility to adjust status requires that the applicant must:
- Be physically present inside the United States; You must be inside the United States when the adjustment of status application is filed (and will need to complete the process inside the U.S.).
- Have made a lawful entry into the United States; and Lawful entry means that you were admitted or paroled into the U.S. For most people, this means that you entered the U.S. with valid documentation and made face to face contact with a U.S. immigration officer, and that officer acknowledged your entry to the United States. If you entered with a valid visa, but that visa has since expired, you still had a lawful entry.
- Have an immigrant visa immediately available to you. Immediate relatives of U.S. citizens may file the adjustment of status application. That’s because a visa is always available. However, family preference applicants must make sure a visa is available. Their category must be “current” in the visa bulletin before filing.
It’s also important that the intending immigrant maintain eligibility throughout the adjustment process. Changes in circumstances can affect the success of an adjustment application. Only a very limited group of people can adjust status. That’s why adjustment is generally only used by some immediate relatives, spouses that entered as fiancés, asylees, refugees, or those who arrived on an employment visa and the employer sponsored them for a green card.
File Application to Adjust Status
Intending immigrants that meet the eligibility requirements for adjustment of status, may file. As mentioned above, immediate relatives may generally submit the application to USCIS at any time they meet the eligibility requirements.
Adjustment Appointments
After you file your application, USCIS will mail you an appointment notice for a biometric screening. This is a relatively quick appointment at a USCIS Application Support Center to obtain your photo, fingerprints and signature. USCIS uses the biometric data to conduct a mandatory criminal background check.
Several months later, USCIS will likely require you to attend an adjustment interview. USCIS has the ability to waive an interview for certain individuals. They will notify you of the time, date, and location for an interview. USCIS uses the adjustment of status interview to confirm the information you and your petitioner have provided on the petition and the adjustment application. It’s also an opportunity for them to see if circumstances have changed that may make you ineligible.
The entire adjustment process may take 8 to 14 months or longer depending on the processing times.
Receiving 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.
After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by a USCIS officer.
In all cases, you will be notified of the decision in writing. If USCIS grants you permanent residence, they will mail your green card to you.