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Adjustment of Status

Adjustment of Status in simple terms means to change your status from a Non-Immigrant or Parolee (Temporary) to Immigrant (Permanent) status.  This happens when the individual has been inspected and admitted or paroled into the US.  And with Permanent Residence status comes many benefits, including the right to travel outside the US, under certain conditions.

Under the Immigration and Nationality Act a person may achieve the status of a permanent resident when he or she is either:

1.       Already in the United States, and can apply for a permanent resident status and obtain a “Green Card”, without returning to his or her home country; and

2.       A person outside the United States, through “Consular Processing”.  The individual obtains a visa abroad and enters the US as a permanent resident.

What You Need to Do to Adjust Your Status. 

ØFirst determine in which category your case fits into: whether Family Based; Employment Based; Refugee or by Asylum; or other special provisions.

ØYou file the Immigrant Petition.

ØCheck on visa availability

ØGo to your Application Support Center for fingerprinting.

ØWhere applicable, go for your interview.

ØGet your final decision by mail.

 Adjustment of Status and your Green Card While in the US

An individual who is already in the United States on an immigration visa will file a Form I-485 adjustment of status in order to get a Green Card (Permanent Residence). Your eligibility may be based on sponsorship by an employer, family based, or your status as a Refugee or Asylee.

If you are applying based on your relationship with a US Citizen spouse; US parent or child may file the Application for Adjustment of Status to Permanent Residence at the same time the Immigrant Petition is submitted. Please contact us before filling for Adjustment because, depending on the category, you may be eligible for “concurrent filing”. Immediate Relatives of US Citizens may be able to file concurrently.