1. What is Adjustment of Status?
Adjustment of Status is a process that allows individuals currently in the U.S. on a temporary visa (such as a student or tourist) to apply for lawful permanent resident status (a Green Card) without having to return to their home country for visa processing.
2. Who is eligible for Adjustment of Status?
Eligibility depends on several factors. Generally, you must have:
- Entered the U.S. lawfully
- A valid immigrant visa available at the time of filing
- Physical presence in the United States Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) often have the most straightforward path for Adjustment of Status.
3. How long does the Adjustment of Status process take?
The entire process may take anywhere from 8 to 14 months or longer, depending on USCIS processing times and individual circumstances. Factors such as additional documentation requests or interview requirements can impact the timeline.
4. Can I work while my Adjustment of Status application is pending?
Yes, you can apply for an Employment Authorization Document (EAD) by submitting Form I-765 along with your Adjustment of Status application. Once approved, this will allow you to work legally in the United States while your case is being processed.
5. Can I travel outside the U.S. while my Adjustment of Status application is pending?
Traveling outside the U.S. while your Adjustment of Status application is pending can be risky. Before you travel, you must apply for “Advance Parole” by filing Form I-131. Leaving the U.S. without obtaining Advance Parole may result in the abandonment of your Adjustment of Status application.
6. Do I need to attend an interview for Adjustment of Status?
In most cases, USCIS requires an in-person interview to verify the information provided in your application and assess any changes in circumstances. However, some interviews may be waived depending on the applicant’s situation.
7. What happens if my Adjustment of Status application is denied?
If USCIS denies your Adjustment of Status application, they will notify you in writing, providing reasons for the denial. Depending on the reason, you may be able to appeal the decision, file a motion to reopen your case, or explore other immigration options.
8. Can I file for Adjustment of Status if I entered the U.S. without a visa?
Generally, you must have entered the U.S. lawfully (e.g., with a valid visa) to be eligible for Adjustment of Status. Certain exceptions apply, such as for asylees, refugees, or individuals eligible under special programs like the 245(i) provision.
9. Can I include my family members in my Adjustment of Status application?
If you are eligible for Adjustment of Status, certain family members (such as your spouse and unmarried children under 21) may also be eligible to adjust their status. They will need to file separate applications as dependents.
10. What fees are involved in the Adjustment of Status process?
The fees for filing an Adjustment of Status application (Form I-485) vary based on the applicant’s age and circumstances, other related forms, like the Employment Authorization Document (Form I-765) or Advance Parole (Form I-131), which will have additional costs.