Do you qualify for adjustment of status?

People who are already in the United States often return to their home country to apply for their Green Card through a United States Consulate. However, another option is available to some people: applying for an adjustment of status while on U.S. soil.

Who qualifies for adjustment of status?

An adjustment of status is exactly what the name would suggest: adjusting a person’s immigration status. Generally, people in the United States who apply for an adjustment of status must have an existing visa or a visa waiver.

Because adjustment of status leads to permanent residence, people applying for an adjustment of status through United States Citizenship and Immigration Services (USCIS) must meet the requirements for green card application. Green cards are available to a variety of categories of people through USCIS, and these categories include:

  • Workers who have immigrated to the United States
  • Spouses, parents or children of United States citizens
  • Fiancé(e) of a United States citizen or the child of that fiancé(e)
  • People seeking asylum
  • Refugees
  • Victims of human trafficking or other crimes

In addition to falling into one of the categories of people eligible for a green card, people applying for an adjustment of status must undergo an application process involving a background check and providing additional information like fingerprints and the applicant’s signature. The application process may also involve an interview, providing additional evidence or filing an immigrant petition.

If you wonder whether adjustment of status could provide you for a path to green card status? Consider speaking to an immigration attorney about your situation to determine the legal approach that best suits your needs.