The Immigration and Nationality Act (INA) permits an individual to adjust their immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent), if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card (permanent residence) in a specific category.
"Over the course of the last 30 years, our office has adjusted the status of many thousands of new immigrants. Our adjustmetn of status lawyers can turn this complicated process into a smooth and effortless event.
Getting married? Call us for a consultation."
The common term for a change to permanent status is “adjustment of status.”
The INA provides an individual two primary paths to permanent resident status. Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.
Consular processing is an alternate process for an individual outside the United States (or who is in the United States but is ineligible to adjust status) to obtain a visa abroad and enter the United States as a permanent resident) This pathway is referred to as “consular processing”
The INA lists several categories of aliens to whom adjustment of status is not permitted. They are:
1. Decide what is your Basis to Immigrate
The first step in the adjustment of status process is to establish that you fit into a specific immigrant category. Most immigrants become qualified for a green card (permanent residence) through a petition filed on your behalf by a family member or employer. This includes a spouse. Others become permanent residents through refugee or asylum status, or through several other provisions of the law.
2. File the Immigrant Petition
When you know what category you believe best fits your situation, in most cases, you will need to have an immigrant petition filed on your behalf.
Depending on the category you wish to adjust under, you may be eligible to have the petition filed simultaneously with your Form I-485, Application to Register Permanent Residence or Adjust Status. This is called “concurrent filing.” Immediate relatives of a U.S. citizen usually file concurrently. Also, other applicants who have a visa immediately available may be able to file concurrently. Some categories, however, require that you first establish your eligibility for the immigrant category by having an approved petition before you are allowed to file Form I-485, for these categories you will not be able to file concurrently.
For more information on concurrent filing, see the “ Concurrent Filing” section.
3. Check Visa Availability.
Unless you are an “Immediate Relative” you may not file your Form I-485 until a visa is available in your category. In other categories, if an immigrant visa is currently available to you, you may be able to apply for permanent residence status on Form I-485. See the “Preference System & Priority Dates” link for more information on if you have a visa immediately available to you.
4. File Form I-485, Application to Register Permanent Residency or Adjust Status
Regardless of whether a petition must be filed and approved prior to your filing Form I-485 orwhether it may be filed concurrently, you will need to apply for permanent residence on Form I-485 at the appropriate time.
There are a few categories, which may require a different form than Form I-485.
When filing Form I-485, you must carefully read the form instructions carefully and submit all required documentation and evidence for your specific category. Failure to do so may result in your application being delayed or even denied for failure to establish that you are eligible to adjust status.
5. Go to your Application Support Center appointment (fingerprints)-
After you file your application, you will be notified to appear at an Application Support Center for biometrics collection. This involves having your picture and signature taken and fingerprinting. With this information the USCIS conducts the required security checks.
6. You will receive a notice to go to your interview (if applicable)
You will be notified of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation. regarding your application. You must attend all interviews when you receive a notice. In marriage cases, the spouse must also attend.
When you go to your interview, you (and the family member that filed the Form I-130 petition on your behalf, if applicable) must bring originals of all documentation submitted with this application including passports, official travel documents, and Form I-94 reven if they are expired.
Some applications do not require an interview. USCIS officials will review your case to decide if it meets one of the exceptions.
7. You will receive your final decision in the mail
After the paperwork has been reviewed, interviews conducted (if necessary), security checks completed, and other eligibility requirements examined; your case will be ready for a decision by USCIS. In all cases, you will be notified of the decision in writing.
Change of Address
You must advise USCIS of a change of address. To update your address, see the “Change of Address” section.
Articles related to this topic
Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 35 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..