Adjustment of Status to Lawful Permanent Residence Without Leaving the U.S.
Adjustment of status refers to the procedure by which an eligible applicant can become a permanent resident of the United States without having to return to his or her home country to apply for an immigrant visa. The Immigration and Nationality Act (INA) allows for the change of an individual’s immigration status while in the United States from non-immigrant to immigrant status, provided that the individual meets all of the requirements to be eligible for a green card. However, individuals outside the U.S. are not eligible to apply for adjustment of status.
Eligibility for Adjustment of Status
Not everyone qualifies for adjustment of status. According to Section 245 of the Immigration and Nationality Act, certain requirements must be met before applying:
- Eligibility for a Green Card: You must already be eligible for a U.S. green card under existing immigration laws, whether through an employer, a family member, asylum, or as a refugee.
- Approved Visa Petition: If seeking a green card through an employer or family, you must have an approved visa petition on file.
- K-1 Visa Entrants: If you entered the U.S. on a K-1 visa, you must be married to the individual who petitioned for your visa.
- Asylum or Refugee Status: If granted asylum or admitted as a refugee, at least one year must have passed since that status was granted.
- Physical Presence: You must be physically present in the U.S. when applying.
- Visa Waiver and Transit Restrictions: You cannot have entered the U.S. under the Visa Waiver Program (VWP) or in transit without a visa (TWOV).
- Valid Visa Status: Your visa status must still be valid at the time of application.
Each case is unique, and exceptions may apply depending on individual circumstances.
Application Forms
The primary document for adjustment of status is Form I-485, issued by the United States Citizenship and Immigration Services (USCIS). This form collects essential information such as the applicant’s last arrival date, Social Security Number, eligibility basis for a green card, and more.
Along with Form I-485, applicants must typically submit:
- Proof of green card eligibility
- Biographic data sheet
- Medical examination results
- Affidavit of support
- Financial and tax documents
- Evidence of criminal convictions, if any
- Valid color photographs
- Required biometric information
These supporting documents are critical for processing the application effectively.
Why Adjustment of Status?
One of the primary advantages of adjustment of status is that applicants are not required to leave the U.S., unlike other green card processes. This is especially beneficial for individuals who may face a bar on reentry due to unlawful presence in the U.S.
USCIS Interview
In certain cases, USCIS may require an interview with the applicant. This is common for individuals adjusting their status from non-immigrant employment visas. Interviews generally last around 20 minutes, during which an officer verifies documents and asks questions related to the green card application. Applicants are advised to bring complete copies of their visa petitions, adjustment applications, and any supporting documents to the interview.
Wait Times
While there is no fixed timeline for USCIS to make a decision after an interview, the agency aims to conclude within three to four months post-interview. Not all applicants require an interview, and the processing times may vary depending on case specifics.
Adjustment of Status Is Discretionary
The decision to approve or deny an adjustment of status application lies entirely with the USCIS officer handling the case. Even if all eligibility criteria are met, USCIS has the discretion to deny the application based on negative factors, such as evidence suggesting the applicant intended to remain in the U.S. at the time of entry as a non-immigrant.
Positive factors, such as strong family ties in the U.S., may weigh in favor of approval. USCIS evaluates each application holistically, considering both positive and negative factors before making a final determination.
