Adjustment of Status

People who have been lawfully admitted to the United States, who have an approved visa petition from a sponsoring relative or employer, and who have an immigrant visa immediately available to them, may qualify to adjust their status to that of lawful permanent resident (LPR), or “green card holder”, without having to leave the United States.

Adjustment of status for permanent residence is applied for by filing Form I-485 with the U.S. Citizenship and Immigration Services (USCIS).  In addition to having entered legally (or being eligible for an exception to this general rule) and having an immigrant visa immediately available, the applicant for adjustment of status must be “admissible” to the United States.  Being admissible means that the applicant does not have problems in their background (for example, convictions for certain crimes, or having committed fraud/misrepresentation to obtain an immigration benefit) that make them “inadmissible” and therefore ineligible for a visa.  An applicant who is inadmissible may be eligible to file a waiver of inadmissibility along with their Adjustment of Status Application.  Whether a person is eligible for a waiver depends on the nature of the immigration violation, whether a waiver exists for that particular violation, and whether the applicant meets the eligibility requirements for the waiver.

An applicant for adjustment of status may also file an application for an Employment Authorization Document (“EAD” or “work permit”).  The work permit will allow the applicant to work legally anywhere in the U.S., will grant them a Social Security number, and may be renewed while the application for adjustment of status remains pending with USCIS.

Practically every application for adjustment of status will require that the applicant appear for a biometrics appointment and later for an in-person interview with an Immigration Services Officer at the USCIS field office closest to the applicant’s address.  At the interview, the officer will corroborate all the information contained in the application, ask the applicant a series of eligibility and security-related questions, and inquire in detail about any background issues that may make the applicant inadmissible.  Applicants may bring their attorney to accompany them to their interview, and the attorney may address the immigration officer directly in order to clarify any factual or legal issues with regards to the applicant’s history and eligibility for adjustment of status.    

Once an application for adjustment of status is approved, the applicant will become a Lawful Permanent Resident (LPR) if the immigrant visa is not based on marriage or, if it is based on marriage, the marriage has existed for more than two years at the time of the approval of the adjustment application.  The LPR will receive a green card valid for 10 years.  Their LPR status does not expire, but the card itself must be renewed after 10 years.  

If the visa is based on a marriage that has existed for less than two years at the time of the approval of the adjustment application, then the applicant will become a conditional permanent resident (CR). The CR will also obtain a green card but it will be valid for two (2) years, and then a petition to remove conditions on residency (Form I-751) must be filed with USCIS within the 90 days before the Conditional Resident status expires.