Adjustment Of Status
Certain properly admitted non-immigrants who are already in the United States can apply for permanent resident status though a process known as "Adjustment of Status" (Do not confuse "Adjustment of Status" with "Change of Status," which refers to the modification of one non-immigrant status to another). Adjustment of Status can eliminate the time consuming and expensive process of returning to a home country and applying to the U.S. consulate for a new visa. Adjustment of Status is typically the final stage in the process to apply for Legal Permanent Resident (Green Card) status. Our Michigan immigration attorneys can assist you with this process.
An Adjustment of Status petition does not stand alone. It must be based upon a previously approved (or concurrently filed, when available) visa petition (typically a Petition for Alien Relative or Immigrant Petition for Alien Worker) and said petition must be available for immediate use.
By far, most adjustments are made in situations in which an applicant is seeking permanent status based upon a family or employment sponsored petition. In employment situations, the applicant must have already been approved for, and have immediately available, an immigrant visa number, and in some cases, have an approved Labor Certification. In family based cases, the applicant must have an approved Immigrant Visa and a current priority date.
In determining whether or not adjustment is warranted, the U.S. Citizenship and Immigration Services (USCIS) may look at a variety of factors, such as length of residence in the U.S., previous immigration history, any preconceived intent of the applicant when originally entering the U.S., and any history of immigration law violations.
In order to qualify for Adjustment of Status, the applicant must fall into one of the following categories:
- Have been approved (or be approvable, in certain categories) for an immigrant visa based on an offer of employment and approved Labor Certification, as necessary;
- Have a family based immigrant visa petition approved and a current priority date;
- Have been a fiancé(e) who was admitted on a K-1 visa and have been married to the U.S. citizen who petitioned for him or her within 90 days of entering the country;
- Have been granted asylum or refugee status and have been in the U.S. for more than a one year;
- Have been or be a Cuban citizen or native that has lived in the U.S. for at least one year after being admitted into the U.S.;
- Have been a continuous resident of the U.S. since Jan. 1, 1972; or,
- Hold other status that may allow for a petition, such as a Diversity Visa Lottery winner, veteran of U.S. military service, etc.
If an applicant meets the eligibility requirements, the applicant must file an application with the USCIS office with jurisdiction over the particular type of application being submitted. The USCIS then reviews the application and may require an interview. If approved, the applicant will receive an immigrant visa number.
If the petition is denied, the alien may need to travel abroad to obtain visa processing.
