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Adjusting one’s immigration status is how noncitizens in the U.S. obtain lawful permanent resident (LPR) status—i.e., a green card. This process allows eligible noncitizens to change their immigration status without leaving the country. However, the process can be more complicated than it sounds.
The lawyers and staff at the Law Office of Rosina C. Stambaugh understand immigrants and immigration law. We pride ourselves on supporting individuals and families through complex legal matters with compassion and efficiency. Contact us today to learn how we can guide you through the adjustment process.
Who Can Apply for Adjustment of Status?
Generally, noncitizens who can apply for an adjustment of status include those who are:
- Currently in the U.S. with valid immigration status,
- Not ineligible, and
- Qualified for a family-based or employment-based immigrant visa or have asylum or refugee status.
U.S. law limits how many of certain family and employment visas it issues each year, so noncitizens in those categories may also have to wait for a visa to become available.
Ineligibility
Circumstances that may make a noncitizen ineligible to adjust status include:
- Unlawfully entering the U.S. or remaining in the U.S. beyond your authorized period of stay;
- Previous immigration violations, such as being deported or working without authorization; and
- Criminal activity or fraud-related actions.
An immigration attorney can help you figure out whether you are ineligible and, if so, whether you qualify for a waiver.
Family-Based Immigrant Visas
U.S. citizens and LPRs begin sponsoring a family member for a green card by submitting Form I-130, Petition for Alien Relative, to United States Citizenship and Immigration Services (USCIS). U.S. citizens may apply for immediate relative (IR) visas for their:
- Spouses,
- Unmarried children under 21, and
- Parents.
U.S. citizens can apply for family-preference visas for their:
- Unmarried children age 21 and older (F1 visas),
- Married children (F3 visas), and
- Siblings (F4 visas).
LPRs can apply for family-preference visas for their spouses (F2A visas) and unmarried children (F2A visas if under 21, F2B visas if 21 or older).
Employment-Based Immigrant Visas
Noncitizens who qualify for employment-based visas can also apply for an adjustment of status. Employment-based visa preference categories include:
- EB-1 Visas—individuals with an extraordinary ability in science, arts, education, business, or athletics, outstanding professors or researchers, and multinational executives or managers;
- EB-2 Visas—professionals who have an advanced degree or an exceptional ability in science, arts, business, or other benefits to the U.S. economy, culture, or welfare;
- EB-3 Visas—professionals holding a bachelor’s degree or its equivalent, skilled workers with at least two years of experience, and other workers with less than two years of experience;
- EB-4 Visas—special immigrants, including religious workers, certain retired employees of international organizations, and limited humanitarian categories; and
- EB-5 Visas—individuals who invest significant money in a U.S. business.
Depending on the visa, you may or may not need an employer sponsor, a job offer, and pre-approval from the U.S. Department of Labor.
Humanitarian-Based Status
Noncitizens may be eligible for an adjustment of status under humanitarian-based provisions, including:
- Refugees,
- Asylees,
- Certain Special Immigrants (EB-4 visas), and
- Violence Against Women Act (VAWA) self-petitioners.
VAWA applicants apply for themselves using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, but must otherwise qualify for an IR or family-preference visa. Special Immigrants typically use Form I-360 as well.
Steps to Apply for an Adjustment of Status
How to apply for an adjustment of status varies slightly by immigration status. However, every applicant must submit Form I-485, the Application to Register Permanent Residence or Adjust Status, and supporting documents, including proof they qualify to adjust status.
Successful family and employment preference adjustments generally follow the same basic steps:
- Your sponsor (family member, employer, or yourself) submits an immigrant visa petition (usually Form I-130, Form I-140, or Form I-360) to USCIS;
- USCIS may require you to attend an interview;
- USCIS approves your immigrant visa petition;
- You wait for an immigrant visa to become available;
- You submit Form I-485 and supporting documents to adjust your status;
- USCIS typically requires you to attend an interview; and
- USCIS approves your I-485.
IR visas are always available, so those applying for that category can skip that step. Refugees and asylees generally adjust their status based on how long they have lived in the U.S. with their status. Processes for Special Immigrants often vary significantly and may involve, for example, state juvenile courts or law enforcement sponsorship.
When to Apply for an Adjustment of Status
When you apply for an adjustment based on an IR visa, you can submit Form I-130, Form I-485, and your supporting documents together—a process called concurrent filing—because IR visas are always available. Refugees and asylees must usually live in the U.S. for one year before they can apply for an adjustment of status.
Timing is crucial in the adjustment of status process for noncitizens applying based on family preference or employment-based categories. For those categories, you need to know how to read the Visa Bulletin to understand when to apply for adjustment of status.
Visa Bulletin Charts
The U.S. Department of State publishes the Visa Bulletin, which details immigrant visa availability each month. The bulletin is divided into “final action dates” and “dates for filing” charts.
The final action dates chart reports priority dates of noncitizens who were most recently issued visas. The dates for filing chart reports the priority dates for applications the government is ready to receive.
Using the Bulletin
To use the bulletin, you need to know your priority date—i.e., the date USCIS received your immigrant visa petition. To use the bulletin, compare your priority date to the chart based on your country of origin. Noncitizens from countries other than those listed separately (currently China, India, Mexico, and the Philippines) should consult the “All Chargeability Areas Except Those Listed” column.
For example, assume your priority date is February 2, 2022. Once the chart lists 02FEB22 or an earlier date, you can apply.
Summary: Can I Apply for an Adjustment of Status?
In summary, to qualify for an adjustment of status, you must:
- Be in the U.S. with a valid immigration status;
- Qualify for a family or employment-based green card, have refugee status, or have asylum status;
- Have entered the U.S. legally; and
- Have no history of immigration or criminal violations that prevent you from adjusting.
For preference-based categories, a visa must also be available.
Get Help Adjusting Your Status
The Law Office of Rosina C. Stambaugh is here to guide you through the status adjustment process. With our in-depth knowledge of immigration law, we offer professional legal representation for individuals and families seeking to become LPRs. Our international team will ensure your application is complete, accurate, and timely.
We can also help you determine where to apply for an adjustment of status. You can apply online or by mail; however, if you apply by mail the correct address depends on where you live. Notably, if you send an application to the wrong location, USCIS may send it back to you instead of forwarding it to the correct USCIS location. Let us help you with all the details so there are no delays or unnecessary denials.
If you are ready to begin, contact us today to schedule a consultation.
