Navigating the complex world of U.S. immigration can feel overwhelming, especially when you’re already living in the United States and need to change your visa status. Fortunately, the adjustment of status process allows eligible individuals to transition from one immigration status to another without leaving the country. This comprehensive guide explains everything you need to know about adjustment of status, helping you understand whether this pathway applies to your situation.
What Is Adjustment of Status?
Adjustment of status is a legal process that enables certain individuals already present in the United States to apply for lawful permanent residence (a green card) or change to another immigration status without departing the country. This process is administered by U.S. Citizenship and Immigration Services (USCIS) and represents a significant convenience for eligible applicants who would otherwise need to return to their home country to complete visa processing.
The adjustment of status procedure differs from consular processing, where applicants must leave the United States and complete their immigration case at a U.S. consulate or embassy abroad. By allowing status changes within U.S. borders, adjustment of status helps maintain family unity, employment continuity, and educational progress for applicants and their families.
Who Is Eligible for Adjustment of Status?
Eligibility for adjustment of status depends on several factors, including your current immigration status, how you entered the United States, and the category under which you’re seeking permanent residence or status change.
Common eligible categories include:
Immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents of adult U.S. citizens, typically qualify for adjustment of status regardless of how they entered the country. Family preference categories, such as adult children of U.S. citizens and siblings, may also be eligible if they maintain lawful status.
Employment-based immigrants often use adjustment of status when transitioning from temporary work visas like H-1B, L-1, or O-1 to permanent residence. Diversity visa lottery winners who are already in the United States can also adjust their status rather than travel abroad for consular processing.
Asylum seekers who have been granted asylum status for at least one year may apply to adjust their status to permanent resident. Similarly, refugees who have been in the United States for at least one year can pursue adjustment of status.
Important eligibility requirements include:
You must be physically present in the United States when filing your adjustment application and throughout the process. Additionally, you must be admissible to the United States, meaning you cannot have certain criminal convictions, immigration violations, or other disqualifying factors without obtaining a waiver.
Most applicants must also maintain lawful status or qualify for specific exceptions. For example, immediate relatives of U.S. citizens can adjust status even if they’re currently out of status, while employment-based applicants typically need to maintain valid nonimmigrant status.
The Adjustment of Status Process: Step by Step
The adjustment of status process involves several crucial steps that must be completed accurately and within specific timeframes.
Form I-485 Application
The cornerstone of adjustment of status is Form I-485, Application to Register Permanent Residence or Adjust Status. This comprehensive form requires detailed information about your background, immigration history, family members, and the basis for your adjustment application. Supporting documentation must accompany the form, including birth certificates, marriage certificates, financial support evidence, and medical examinations.
Priority Dates and Visa Availability
For many adjustment applications, particularly family preference and employment-based categories, you must wait for your priority date to become current before filing. Priority dates are established when your initial petition is filed and determine your place in line for visa processing. The Visa Bulletin, published monthly by the State Department, indicates when priority dates are current for adjustment of status filing.
Biometrics and Interview Process
After submitting your I-485 application, USCIS will schedule you for biometrics collection, where they’ll take your fingerprints, photograph, and signature for background checks. Depending on your case, you may also be required to attend an adjustment of status interview where a USCIS officer will review your application and ask questions about your eligibility.
Required Documentation and Forms
Successful adjustment of status applications require extensive documentation to prove eligibility and admissibility. Essential documents typically include valid passports, birth certificates, marriage certificates for family-based cases, employment authorization documents, tax returns, and evidence of financial support.
Medical examinations conducted by USCIS-approved civil surgeons are mandatory for most adjustment applicants. The medical exam must be completed on Form I-693 and submitted in a sealed envelope either with your initial application or brought to your interview.
Many applicants also file concurrent applications, such as Form I-765 for employment authorization and Form I-131 for travel documents, allowing them to work and travel while their adjustment case is pending.
Benefits of Adjusting Status Within the U.S.
Choosing adjustment of status over consular processing offers numerous advantages for eligible applicants. The most significant benefit is remaining in the United States throughout the process, avoiding family separation and maintaining established lives, careers, and educational pursuits.
Adjustment applicants can often obtain employment authorization while their cases are pending, ensuring income continuity during processing. They may also receive advance parole documents allowing international travel without abandoning their adjustment applications.
The process is typically faster than consular processing since it eliminates the need for coordination between USCIS and overseas consulates. Additionally, adjustment applicants avoid the risks associated with international travel during immigration processing.
Common Challenges and Considerations
While adjustment of status offers many benefits, applicants should be aware of potential challenges. Processing times can vary significantly based on case complexity and USCIS workload, sometimes extending beyond a year for completion.
Maintaining lawful status throughout the process is crucial for most applicants, as falling out of status can jeopardize adjustment eligibility. Additionally, certain applicants may be subject to lengthy background checks that can delay case resolution.
Some individuals may not be eligible for adjustment due to how they entered the United States or previous immigration violations. In these cases, consular processing may be the only option, requiring departure from the United States.
Adjustment of status represents a valuable pathway for eligible individuals to obtain permanent residence or change immigration status without leaving the United States. Understanding the requirements, process, and documentation needed is essential for successful applications. Given the complexity of immigration law and the significant consequences of errors, consulting with an experienced immigration attorney is highly recommended to navigate this important process successfully and avoid costly mistakes that could affect your immigration future.