Adjustment of Status
An adjustment of status
It is a process by which a foreign national living in the U.S. becomes a permanent resident.
The Adjustment of the Status process includes application forms, a health examination and an affidavit of financial support. If required, approval from the immigration office is obtained. A copy of the applicant’s passport is also required. For applications that are based on family relationships, proof of family ties is required. For marriage cases, an interview is conducted. Interviews may also be scheduled for family-based and employment applications. After the Adjustment of the Statute is approved, the Green Card will be mailed to the applicant in a few months. Before an individual can be eligible for Adjustment of Status, there are several conditions.
- The USCIS must approve the immigrant visa petition
- The Department of Homeland Security (DHS), must have an immigrant number.
- In some cases, however, the USCIS may approve the petition. However, DHS does not have an immigrant number. These cases can mean that it could take several months, or even years, for an individual to be able to adjust their status to become lawful permanent residents.
The benefits of applying for Adjustment to Status:
- While the petition is being processed, the legal permit for applicants to remain in the United States is being obtained.
- While the application is pending, applicants can legally work and get employment authorization.
- It is possible to apply for a Green Card in conjunction with an application for Adjustment or Status.
- To support the application, a police clearance is not necessary
- Applicants who remain in the United States may appeal a possible denial of or adverse outcome to their application
- The applicant who is eligible for the “Adjustment of Status”, does not need to travel to another country to get an immigrant visa.
Common situations in which foreign nationals might be eligible for Adjustment of Status:
- Individuals who arrived in the U.S. to work. You have a U.S. citizen spouse.
- After the marriage, the K-1 Fiance Visa holder can apply for Adjustment to Status
- Children under 21 years old who are not married may apply for Adjustment of Status
- The applicant must apply to change status within 90 days of the K-1 visa holder’s entry into the United States
- Under 21 years old, unmarried children of U.S citizens may apply for Adjustment to Status
- Unmarried spouses and children younger than 21 years of age of a lawful permanent residence or Green Card Holder may apply for Adjustment to Status.
While the Adjustment of Status is being processed, it is possible to work in the United States while you are away. An approved travel document must first be requested and approved. The travel document must also be renewed each year.