Adjustment of Status

Adjustment of status is a process where one can apply for lawful permanent residence in the United States (in other words, to get a Green Card) when physically present in the country. Some consider this an easier way of getting permanent residence, as it does not require one to go back to their home country in order to complete the visa processing for the same. Adjustment of status allows one to obtain permanent residence if they gained access to the country using a different visa, such as a student visa which is temporary.

Getting an adjustment of status requires one to go through several steps. The first is to determine if they are eligible to apply for permanent residence. This varies depending on one’s current immigration status, and can be done online on the US Citizenship and Immigration Services website. If eligible, an immigration petition has to be filled by the individual or someone sponsoring them, after which form I-485 is filled.

During the process of adjustment of status, one will need to go to a Support Center for an appointment in order to submit biometrics as well as to perform the requisite background and security checks. An interview may be necessary in some cases, and the applicant may also be asked to produce additional evidence as well. Once all these steps are complete, they receive a decision about the adjustment of status in written form. If denied, the reasons for denial will be explicitly indicated in the document. One cannot appeal after denial of the application, but can file a motion to reopen or reconsider the case.