Who is Eligible for Adjustment of Status?

Adjustment of status is a pivotal concept in U.S. immigration law that allows certain foreign nationals already in the United States to apply for a green card (lawful permanent resident status) without the need to return to their home country. This process is overseen by the U.S. Citizenship and Immigration Services (USCIS) and offers a pathway to citizenship for many individuals. Understanding who is eligible for adjustment of status is crucial for navigating the complexities of U.S. immigration.

Understanding Adjustment of Status

Adjustment of status (AOS) is the mechanism through which individuals present in the U.S. on a temporary basis, such as via a visa, can transition to a permanent residency status. This process is often more convenient and less disruptive as it eliminates the necessity of leaving the U.S. to obtain a green card.

Eligibility Categories

1)Family-Sponsored Immigrants: This category includes immediate relatives of U.S. citizens, such as spouses, unmarried children under 21, and parents of U.S. citizens over 21. Family-sponsored preference categories can also apply, but they may face wait times due to visa quotas.

2)Employment-Based Applicants: Individuals who have a job offer from a U.S. employer may be eligible for adjustment of status under employment-based categories. This can include professionals with advanced degrees, individuals with extraordinary abilities, and certain skilled workers. An approved labor certification and a valid job offer are typically required.

3)Refugees and Asylees: Those granted asylum or admitted as refugees can apply for adjustment of status after one year of residency in the U.S. This pathway is available to those who have sought refuge in the U.S. due to persecution in their home countries.

4)Other Categories: The Diversity Visa Lottery winners and certain special immigrant categories, such as religious workers and certain international broadcasters, can also adjust their status within the U.S.

Key Criteria and Conditions

To be eligible for adjustment of status, applicants must meet several criteria:

• Lawful Entry: Generally, applicants must have been lawfully admitted to the U.S., meaning they entered with valid documents.
• Visa Availability: An immigrant visa must be immediately available at the time of filing. This is particularly relevant for family preference and employment-based categories, which are subject to numerical limits.
• Eligibility Based on Visa Type: Applicants must ensure they qualify for the specific type of green card they are applying for, whether it is family-based, employment-based, or another category.

Additionally, certain inadmissibility grounds, such as criminal convictions or immigration violations, can affect eligibility. Waivers might be available in specific situations, allowing applicants to overcome these barriers.

Practical Advice for Applicants

For those considering adjustment of status, it is crucial to start by assessing eligibility and understanding the specific requirements for your category. Here are some practical steps to consider:

Consult with an Immigration Attorney: Given the intricacies and potential legal barriers, consulting an experienced immigration attorney can provide valuable guidance and ensure that your application is properly prepared.

Gather Required Documentation: Collect all necessary documents in advance, including proof of lawful entry, identity documents, and any job or family-related paperwork.

Monitor Visa Availability: Stay informed about visa bulletin updates to know when your priority date becomes current, allowing you to file your application.

Prepare for Interviews: Be ready for a biometrics appointment and a possible interview with USCIS, where you may need to provide additional documentation or clarifications.

Contact Us

By understanding the eligibility requirements and taking proactive steps, applicants can better navigate the adjustment of status process, paving the way to secure permanent residency in the United States. For personalized assistance, contact Villarrubia & Rosenberger, P.C., where our experienced attorneys are dedicated to helping you achieve your immigration goals.