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Adjustment of Status

Immigration Articles >> Green Cards >> Adjustment of Status

“Adjustment of Status” can be defined as the process a nonimmigrant goes through to change his/her legal status to permanent resident. Adjust of Status is further an application process consisting of forms and application fees, and only individuals in the United States may apply. It is important to notice that not everyone qualifies for Adjustment of Status.

The Adjustment of Status application process consists of application forms, a medical examination, affidavit of support (if required), an approval from immigration and a copy of the passport. Proof of family ties must also be included for applications based upon family relationships. An interview may be scheduled for employment and family based applications, but it is always conducted in marriage cases. Once the Adjustment of Status is approved, the Green Card itself is mailed to the applicant with a couple of months. There are however different requirements that must be fulfilled before an individual may qualify for Adjustment of Status:

The immigrant visa petition must be approved by the USCIS
An immigrant number must be available from the Department of Homeland Security (DHS)
In certain situations, the petition will be approved by the USCIS but an immigrant number is not available from the DHS, which means that it may take months or even years before an individual may be able to actually adjust status to become a lawful permanent resident

Benefits of applying for Adjustment of Status:

Applicants are legally permitted to stay in the United States while the petition is being processed and an immigrant number obtained
Applicants may work legally and obtain employment authorization while the application is pending
In certain situations it is possible to apply for a Green Card together with the application for Adjustment of Status
A police clearance is not required to support the application
A potential denial or negative outcome of the application may be appealed while you are in the United States
Eligible applicants for “Adjustment of Status” does not have to travel abroad to obtain the immigrant visa

Common scenarios where nonimmigrants may qualify for Adjustment of Status:

Individuals who entered the U.S. on a K-1 Fiance visa and where the spouse is a U.S. citizen:
- The K-1 Fiance Visa holder may apply for Adjustment of Status after the marriage has taken place
- Unmarried children under the age of 21 may apply for Adjustment of Status
- The application to adjust status must taken place within 90 days after the K-1 visa holder entered the United States
Unmarred children of U.S. citizens under the age of 21 may apply for Adjustment of Status
Spouses or unmarred children under the age of 21 of a lawful permanent resident (Green Card Holder) with an approved family based immigration petition and a current priority date may file for Adjustment of Status.

It is possible to leave the United States and work abroad while the Adjustment of Status application is being processed. However, an approved travel document must be applied for and approved. The travel document must be renewed annually.

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