Introduction to Adjustment of Status
Adjustment of status is the process by which certain individuals can become permanent residents of the United States without having to leave the country. To qualify, applicants must meet specific eligibility rules, which are outlined in the Immigration and Nationality Act.
The adjustment of status process involves submitting an application to U.S. Citizenship and Immigration Services (USCIS) and attending an interview, if required. Applicants must also undergo a medical examination and provide biographical and background information.
Eligibility Requirements for Adjustment of Status
To be eligible for adjustment of status, applicants must have a valid visa or be exempt from the visa requirement. They must also have been inspected and admitted or paroled into the United States, or be eligible for a waiver of this requirement.
Additionally, applicants must not be subject to any bars to adjustment, such as being in unlawful status or having committed certain crimes. They must also be admissible to the United States as an immigrant, meaning they must not be inadmissible due to health, criminal, or security concerns.
Family-Based Adjustment of Status
Family-based adjustment of status is available to certain relatives of U.S. citizens and permanent residents. Immediate relatives, such as spouses, parents, and unmarried children under the age of 21, are eligible for adjustment of status.
Other relatives, such as adult children and siblings, may also be eligible, but must wait for a visa to become available. The petitioner must file a visa petition on behalf of the applicant, which must be approved before the applicant can apply for adjustment of status.
Employment-Based Adjustment of Status
Employment-based adjustment of status is available to certain foreign workers who have been offered a job in the United States. The employer must sponsor the worker by filing a labor certification application and a visa petition.
The worker must have a valid visa or be exempt from the visa requirement, and must not be subject to any bars to adjustment. They must also be admissible to the United States as an immigrant, and must have a valid passport and other required documents.
Asylum and Refugee Adjustment of Status
Asylum and refugee adjustment of status is available to certain individuals who have been granted asylum or refugee status in the United States. To qualify, applicants must have been granted asylum or refugee status for at least one year, and must continue to be eligible for asylum or refugee status.
Applicants must also not be subject to any bars to adjustment, and must be admissible to the United States as an immigrant. They must also have a valid passport and other required documents, and must undergo a medical examination and provide biographical and background information.
Frequently Asked Questions
What is the difference between adjustment of status and a green card?
Adjustment of status is the process of becoming a permanent resident, while a green card is the physical card that serves as proof of permanent residence.
Can I apply for adjustment of status if I am in the United States on a tourist visa?
It depends on the specific circumstances, but generally, individuals in the United States on a tourist visa are not eligible for adjustment of status.
How long does the adjustment of status process take?
The processing time for adjustment of status applications can vary, but it typically takes several months to several years to complete.
Can I work while my adjustment of status application is pending?
Yes, applicants can apply for a work permit while their adjustment of status application is pending, which allows them to work in the United States.
Do I need an immigration lawyer to apply for adjustment of status?
While it is not required, it is highly recommended to hire an immigration lawyer to help with the adjustment of status process, as it can be complex and time-consuming.
Can I travel outside the United States while my adjustment of status application is pending?
It is generally not recommended to travel outside the United States while an adjustment of status application is pending, as it can affect the application and potentially lead to abandonment.