When Are Immigrants in the U.S. Eligible for Adjustment of Status?

 Posted on October 19, 2023 in Immigration

Adjustment of status is a process that allows certain immigrants who are already in the United States to apply for lawful permanent resident status and receive a Green Card. This process can be complex, and it is important to understand when an immigrant may be eligible to apply for adjustment of status.

Eligibility Requirements

In order to be eligible for adjustment of status, an immigrant must meet certain criteria, including:

• The immigrant must have entered the United States legally. This means they must have been inspected and admitted or paroled by an immigration officer at a port of entry.

• The immigrant must currently be physically present in the United States.

• The immigrant must have an approved immigrant visa petition filed on their behalf. This could be through family sponsorship, employment-based sponsorship, or other special categories such as refugee or asylum status.

• The visa number must be immediately available. Each year, there are limits on the number of visas that can be issued in certain categories. If there is no visa available, a waiting period may be required until one becomes available before applying for adjustment of status.

• The immigrant must not have violated any immigration laws that would make them ineligible for adjustment of status. Examples include entering the United States through unlawful methods, working without authorization, or committing certain crimes. If there are any reasons that an immigrant may be deemed inadmissible, they may submit an application for a waiver of inadmissibility based on hardship that would affect a family member if they were denied permanent residence.

If an immigrant meets all eligibility requirements, they may proceed with filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Common Scenarios for Adjustment of Status

There are a variety of different situations where immigrants may become eligible for adjustment of status, including:

• Marrying a U.S. Citizen: An immigrant who is the spouse of a U.S. citizen may be eligible for adjustment of status based on their marriage. Eligibility for an IR1 or CR1 visa will determine whether they will be able to become a lawful permanent resident.

• Employment-Based Sponsorship: An immigrant who has been sponsored by a U.S. employer for an employment-based visa may become eligible for adjustment of status once their immigrant petition is approved and a visa number becomes available.

• Asylum: Immigrants who have filed an asylum application may be eligible for adjustment of status after one year of being granted asylum.

• Diversity Visa Lottery Winners: Each year, the Diversity Visa Lottery program randomly selects immigrants from countries with low rates of immigration to the United States. If selected, an immigrant may become eligible for adjustment of status.

These are just some of the most common examples of situations where adjustment of status may be available. There are several other categories under which immigrants may become eligible for lawful permanent residence.

Contact Our United States Adjustment of Status Attorneys

If you are seeking information about eligibility for adjustment of status or other options for obtaining a Green Card, Immigrate Lawyer can help you determine the best steps to take to become a lawful permanent resident. Our experienced U.S. Green Card lawyers can provide guidance throughout the immigration process. To set up a free consultation, contact us today at 844-464-4727. We understand that navigating the complex world of immigration law can be overwhelming, but we are here to provide support every step of the way.