Understanding Adjustment of Status for Green Card Eligibility
Adjustment of Status is the process of changing from a non-immigrant immigration status (e.g., student, tourist) to a permanent resident (Green Card holder). Under U.S. immigration law, a temporary visitor may apply for adjustment of status to a lawful permanent resident if they entered the U.S. legally and meet the necessary requirements. It is one of two ways to obtain an immigrant visa, or Green Card, in the U.S. The alternative path is consular processing.
Eligibility for a Family-Based Green Card through Adjustment of Status
If you are applying for a family-based Green Card through Adjustment of Status, the petitioner is typically a U.S. citizen or lawful permanent resident, while the beneficiary is the foreign national seeking to adjust their immigration status. The process begins by establishing eligibility.
1. Establish Eligibility to Apply for a Green Card
A U.S. citizen or lawful permanent resident can petition for certain family members to live in the U.S. and obtain a Green Card. The process starts when the petitioner files the appropriate forms for an Alien Relative on behalf of the beneficiary (intending immigrant). To be eligible based on a family relationship, the beneficiary must fall under one of these categories:
- Immediate relative (spouse, child under 21 years, or parent) of a U.S. citizen
- Unmarried adult son or daughter (over 21) of a U.S. citizen or permanent resident
- Sibling of an adult U.S. citizen
2. Determine Eligibility for Adjustment of Status
To be eligible for Adjustment of Status, the intending immigrant must meet these criteria:
- Physically present in the United States: The application must be filed while the applicant is physically in the U.S., and the process must be completed within the country.
- Lawful entry into the United States: A lawful entry means you were admitted or paroled into the U.S. through valid documentation, and you made contact with a U.S. immigration officer who acknowledged your entry. Even if your visa has expired since your entry, it’s still considered lawful.
- Immediate availability of an immigrant visa: If you are an immediate relative of a U.S. citizen, a visa is always available to you, and you can file your Adjustment of Status application. However, family preference applicants must ensure that their category is “current” in the visa bulletin.
Maintaining eligibility throughout the process is crucial since any changes in circumstances can affect the adjustment application. Adjustment of Status is mainly available for immediate relatives, spouses who entered as fiancés, asylees, refugees, and certain employment-based immigrants.
3. Filing an Application for Adjustment of Status
If you meet the eligibility requirements, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. For immediate relatives, this can be done concurrently with other forms. The timing for submitting the application varies depending on your eligibility and the availability of a visa.
What to Expect: Adjustment Appointments and Interviews
After filing your application, USCIS will schedule you for a biometric screening. This appointment is to gather your photo, fingerprints, and signature for a criminal background check.
In many cases, you will also be required to attend an Adjustment of Status interview several months later. The purpose of this interview is for USCIS to confirm the information provided and to check if any circumstances have changed that might affect eligibility. While some interviews may be waived, most applicants will need to attend.
Receiving Your Green Card
The Adjustment of Status process is dependent on USCIS processing times. After completing the required paperwork, interviews (if applicable), and security checks, a USCIS officer will make a decision on your case. You will receive written notification of the decision, and if approved, your Green Card will be mailed to you.