What is the process to adjust status within the u.s.?

Adjusting status is the process by which an individual who is already in the United States can apply for lawful permanent resident status (a green card) without having to return to their home country for visa processing. 

Eligibility for Adjustment of Status

To be eligible for adjustment of status, you must:

1. Be Physically Present in the U.S.: You must be physically present in the United States when you apply.

2. Have Lawful Entry: Generally, you must have been lawfully admitted or paroled into the United States.

3. Eligible Visa Category: You must be eligible to adjust status through a family-based, employment-based, asylum, refugee, or other special categories.

4. No Immigration Violations: Certain immigration violations or criminal activities may make you ineligible for adjustment of status.

Steps to Adjust Status

1. Determine Your Eligibility

• Visa Category: Ensure you are eligible under one of the categories that allow for adjustment of status, such as family-sponsored, employment-based, or special immigrant categories.

2. File Form I-485

• Form I-485: Complete and submit Form I-485, Application to Register Permanent Residence or Adjust Status, to U.S. Citizenship and Immigration Services (USCIS).

• Filing Fee: Pay the required filing fee (check the latest fee schedule on the USCIS website).

3. Submit Supporting Documents

• Proof of Eligibility: Include evidence supporting your eligibility, such as Form I-130 (family-based) or Form I-140 (employment-based) approval notice.

• Identity Documents: Submit copies of your passport, birth certificate, and any current immigration documents.

• Affidavit of Support: If applying based on a family relationship, include Form I-864, Affidavit of Support, completed by your sponsor.

• Medical Examination: Submit Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS-approved civil surgeon.

4. Biometrics Appointment

• Biometrics: Attend a biometrics appointment to provide fingerprints, photographs, and a signature. USCIS will notify you of the time and location.

5. Attend Interview

• Interview Notice: USCIS may schedule an interview to verify your eligibility and the authenticity of your application.

• Interview Preparation: Bring original documents and copies of all submitted evidence to the interview.

6. Receive Decision

• Approval: If approved, USCIS will mail you your green card.

• Denial: If denied, USCIS will provide reasons for the denial and information on whether you can appeal or file a motion to reopen or reconsider the decision.

Important Considerations

• Maintain Legal Status: Ensure you maintain your current legal status while your application is pending.

• Travel Restrictions: Avoid international travel without advance parole, as leaving the U.S. can be considered abandonment of your adjustment application.

• Consult Legal Advice: Consider consulting an immigration attorney to help navigate the process and avoid common pitfalls.

Keywords

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Conclusion

The process of adjusting status within the U.S. involves several steps, including filing the appropriate forms, attending a biometrics appointment, and possibly attending an interview. Understanding the process and meeting all requirements can help ensure a successful application for lawful permanent resident status.

If you have any questions or need legal assistance with your adjustment of status application, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.