Adjustment of Status

Adjustment of Status is a procedure allowing certain foreign nationals already in the U.S. to apply for immigrant status. Foreign nationals admitted to the U.S. in a non-immigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available.

Eligibility Criteria

You can maintain valid status in the U.S. while your Adjustment of Immigration Status application is being processed
You are permitted to apply for an employment authorization document and take up employment while your Adjustment of Status application is pending
You can file Adjustment of Status application concurrently with immediate relative green card petitions, and employment based first, second and third preference categories (if a visa is currently available)
You can appeal a denied Adjustment of Status application

Requirements for Adjustment of Status

Note: Visa numbers are limited by law for certain family members of U.S. citizens and lawful permanent residents and for employment based cases. This means that even if the USCIS approves your immigrant visa petition, you may not get an immigrant visa number immediately. In certain cases, several years could pass between the time USCIS approves your immigrant visa petition and the Department of State gives you an immigrant visa number.

The following persons are eligible to apply for Adjustment of Status:

1) Immediate Relatives of U.S. citizens

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:

2) Beneficiaries of Family-based immigrant petitions

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:

3) Beneficiaries of Employment Based Green Card Petitions

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:

You have an approved labor certification or are exempt from labor certification requirement.
You have an approved employment based immigrant petition.
You have a current priority date available to file for adjustment of status.
You are in the United States Lawfully or qualify under Section 245(i).

4) Dependents of Principal Application preference categories

5) Dependents of Lawful Permanent Residents

You may apply for adjustment of status to permanent residence if you satisfy the following conditions:

You are a spouse or an unmarried child under age 21 of a lawful permanent resident.
You have an approved family based immigrant petition.
You have a current priority date available to file for adjustment of status.
You are in the United States Lawfully or qualify under Section 245(i).

6) U.S. Citizens’ Spouses who entered the U.S. on K-1 Fiancé(e) Visa

Note: If you did not marry the U.S. citizen who filed the K-1 fiancee petition on your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the U.S.

Important: If you married the U.S. citizen but not within the 90-day time limit, your spouse must now file USCIS Form I-130, Petition for Alien Relative.

7) Asylees or Refugees in the U.S.

You may apply for adjustment of status to permanent residence if you are an asylee or a refugee who has been in the U.S. for at least one year after being granted asylum or refugee status, and still qualify for asylum or refugee status.

8) Cuban Citizens residing in the U.S. for at least one year

You may apply for adjustment of status to permanent residence if you are a Cuban citizen or native who has been in the U.S. for at least one year after being inspected, admitted, or paroled into the U.S. Your spouse and children who are residing with you in the U.S. may also be eligible for adjustment of status.

9) Foreign Nationals continuously residing in the U.S. since 01/01/72

You may apply for adjustment of status if you have been a continuous resident of the U.S. since before January 1, 1972

Vaccination Requirements for Adjustment of Status

The Immigration law requires all individuals applying for Adjustment of Status be vaccinated for mumps, measles, rubella, polio, tetanus, diphtheria toxoids, pertussis, influenza type B, hepatitis B, and any other recommended by the Advisory Committee for Immunization Practices (ACIP).

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