Adjustment of status is the process through which certain eligible individuals who are already in the United States apply for lawful permanent residence without completing immigrant visa processing abroad.
Rise Immigration Law assists with adjustment of status, green card applications, marriage-based cases, employment-based permanent residence, eligibility analysis, and issues that may affect approval.
What Is Adjustment of Status?
Adjustment of status allows an eligible applicant who is physically present in the United States to seek lawful permanent resident status. The process commonly involves Form I-485 and an underlying basis for permanent residence.
Who May Qualify for a Green Card Through Adjustment of Status?
Adjustment of status may be available through family-based, employment-based, humanitarian, and other immigration categories. Eligibility depends on the applicable statutory requirements as well as the applicant␙s entry, immigration history, and admissibility.
Marriage-Based Adjustment of Status
Marriage to a U.S. citizen or lawful permanent resident may provide a basis for permanent residence through family immigration. The case may require proof of the qualifying relationship, financial sponsorship, immigration documentation, and evidence addressing eligibility for adjustment.
Employment-Based Adjustment of Status
Some individuals pursue adjustment of status after becoming eligible for an employment-based immigrant category. The underlying petition, visa availability, maintenance of status, employment circumstances, and other requirements can affect the filing strategy.
See our overview of employment immigration for work-visa and employment-based permanent residence options.
Form I-485 and Supporting Applications
Adjustment applicants generally file Form I-485 and may also submit related applications or documentation depending on the case. The required evidence varies based on the immigration category and the applicant␙s circumstances.
Employment Authorization and Travel While a Case Is Pending
Some adjustment applicants may be eligible to request employment authorization or travel documentation while Form I-485 is pending. Travel can have immigration consequences, so applicants should understand the rules that apply to their status and pending applications before leaving the United States.
Adjustment of Status vs. Consular Processing
Applicants who are not eligible to adjust status in the United States may need to pursue an immigrant visa through consular processing. The appropriate process depends on the underlying immigrant category, location, immigration history, visa availability, and admissibility.
Potential Problems in Adjustment of Status Cases
Prior unlawful presence, visa overstays, unauthorized employment, status violations, prior removal proceedings, criminal history, fraud or misrepresentation concerns, and prior immigration filings may affect eligibility.
When inadmissibility is an issue, the applicant may need to evaluate whether an immigration waiver is legally available.
The Adjustment of Status Interview
USCIS may schedule an interview to review the application, supporting evidence, immigration history, and eligibility for permanent residence. The scope of the interview depends on the type of case and the issues involved.
After Becoming a Lawful Permanent Resident
A green card provides lawful permanent resident status, but permanent residents remain subject to immigration rules concerning residence, travel, and other matters. Some permanent residents may later become eligible for naturalization and U.S. citizenship.
Speak With an Adjustment of Status Lawyer
Rise Immigration Law provides individualized guidance for applicants evaluating adjustment of status, permanent residence, and green card eligibility.
Call (303) 626-7000 to schedule an immigration consultation.