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Adjustment of status

Adjustment of status refers to the process by which an individual in the United States changes their immigration status from one non immigrant category to another or from a non immigrant status to lawful permanent resident status (green card holder) without having to leave the country. It allows eligible individuals to apply for permanent residency while remaining in the United States, avoiding the need for consular processing abroad.

The adjustment of status process is governed by the United States Citizenship and Immigration Services (USCIS) and typically requires the submission of an application package, including forms, supporting documents, and applicable fees. Eligibility criteria for adjustment of status vary depending on the immigrant category and the specific circumstances of the applicant.

Common categories of individuals eligible for adjustment of status include immediate relatives of U.S. citizens, certain family members of lawful permanent residents, individuals with employment-based immigrant petitions, refugees, and asylees. Additionally, individuals who entered the United States on valid visas may be eligible to adjust status if they meet certain requirements.

Once the adjustment of status application is filed and processed, applicants may be required to attend an interview with USCIS to verify the information provided and undergo background checks. If the application is approved, the individual will receive a green card, granting them lawful permanent resident status in the United States. Adjustment of status provides a pathway to permanent residency for eligible individuals already residing in the country, facilitating family reunification and employment opportunities.

Frequently Asked Questions

What is Adjustment of Status?

Adjustment of Status is a process that allows certain eligible individuals already in the United States to apply for lawful permanent resident status (Green Card) without having to leave the country.

Who is eligible to apply for Adjustment of Status?

Eligibility for Adjustment of Status depends on various factors, including the immigrant category under which the individual is applying (such as family-based or employment-based), their current immigration status, and whether they meet specific requirements set by U.S. Citizenship and Immigration Services (USCIS).

How do I apply for Adjustment of Status?

To apply for Adjustment of Status, individuals typically file Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents and applicable fees. The process may vary depending on the immigrant category and individual circumstances.

What documents are required for Adjustment of Status?

Required documents for Adjustment of Status may include Form I-485, Form I-797 (Notice of Action), proof of identity (such as a passport or birth certificate), proof of lawful entry into the United States, medical examination results, and evidence of eligibility for the immigrant category.
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