Adjustment of Status

What is an Adjustment of Status?

Adjustment of status is the process under U.S. immigration law that allows a nonimmigrant residing here to apply for a green card representing their lawful permanent resident status. The process is commonly used by nonimmigrants who are in the United States and wish to remain once their work visas or student visas expire. In many cases, a nonimmigrant who has overstayed and is facing a removal action can apply for the adjustment to avoid deportation. Even some undocumented immigrants who entered the country illegally can apply if they have lived in the United States since 2000 and are beneficiaries of visa petitions or labor certifications filed with the U.S. Citizenship and Immigration Services (USCIS) or U.S. Department of Labor between January 15, 1998, and April 30, 2001.

The process of applying for an adjustment of status to the USCIS consists of several steps:

Determine if you are eligible — There are several categories of green card eligibility. You could be permitted to stay in the United States due to a family connection, job, or because of your inclusion within a special immigration category. Victims of abuse, as well as people seeking refugee or asylum status, might also be granted an adjustment. You may apply “through registry” if you have resided continuously in the United States since 1972.

File an immigrant petition and green card application — It’s important to file the correct papers for the immigration category you fit.

Check visa availability — Immigration visas are limited for all categories. Generally, you may not be able to file your Form I-485, Application to Register for Permanent Residence or Adjust Status until a visa becomes available.

File Form I-485 — Your Application to Register for Permanent Residence or Adjust Status is a 20-page document that serves as a background check and testimonial to your character and your ability to support yourself.

Attend an Application Support Center appointment — At this meeting, you provide your fingerprints, photograph, and signature, and certify to USCIS that your application is complete and truthful.

Attend your interview — Interviews are not always necessary. But if there are questions with your application, USCIS may require you to clarify points and once again affirm the truth of your filing. Instead of an interview, you might be asked to submit additional documentary evidence.

USCIS will mail you notice of the decision made in your case. Generally, you are not permitted to appeal a denial, but you may be able to file a motion to reopen or reconsider the case.

PPID helps clients with Adjustments of Status for nonimmigrant visas, enabling them to reside permanently in the United States. If your visa has expired, or the expiration date is approaching, we can help you avoid deportation so you can pursue your American dream.