Adjustment of Status refers to the process by which a foreign national who is already in the United States can apply for permanent residency (a green card) without having to return to their home country. They must meet certain eligibility criteria and their immigration category permits an adjustment of status.
Eligibility for Adjustment of Status is determined by factors such as the individual's current immigration status, the availability of a visa in the appropriate category, the individual's background, and compliance with U.S. immigration laws.
To be eligible to apply for Adjustment of Status, a person must generally meet the following requirements:
- You must belong to an eligible category that allows for adjustment of status. Common categories include immediate relatives of U.S. citizens, and family-sponsored preferences.
- Nonimmigrant Status or Entry without Inspection: Generally, you must be physically present in the United States and maintain a lawful nonimmigrant status or have entered the country without inspection. There are exceptions and special provisions for certain individuals, such as immediate relatives of U.S. citizens
- Inspection and Admission or Parole: Generally, you must have been inspected and admitted into the United States by an immigration officer, or you must have been paroled into the country. Individuals who entered the U.S. without inspection or who have violated their nonimmigrant status may have limited options for adjustment of status.
It is important to note that Adjustment of Status is not available to everyone and may be subject to certain restrictions, limitations, or conditions.
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