Adjustment of Status to Green Card

A person can adjust their immigration status from non-immigrant (temporary) to an immigrant (permanent resident) and obtain a green card without leaving the United States. This procedure is called adjustment of status. Generally, in order to be eligible you must have been inspected or paroled into the United States and have not violated your immigration status. Most immigrants become eligible for a green card through a petition filed on your behalf by a family member or employer. Other avenues to permanent residency include first obtaining asylum status or through another special provision such as an abused spouse VAWA petition. At the time you apply for an adjustment of status, you may also apply for a work permit, called an Employment Authorization Document (EAD) and a travel permit called Advance Parole, if applicable. There are two primary paths to permanent resident status. The primary way is through the process of adjustment of status, which is when you are already in the United States and become a permanent resident without having to return to their home country to complete visa processing. The alternative way is commonly referred to as Consular Processing. This is normally when you are residing outside the United States and obtain an immigration visa abroad and enter the country as a permanent resident. In some circumstances, an individual can go through consular processing if they are residing in the United   States but are ineligible to adjust their status.

Green Card Sponsorship

It is important to review the different categories for adjustment of status and determine which best fits you and your family. In most cases, you will need to have an immigrant petition filed on your behalf through a relative or employer. Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative, for you. While employment based categories most often require the U.S. employer to file a Form I-140, Petition for Alien Worker, for you. Moreover, entrepreneurs who intend to invest significant amounts of capital into a business venture in the United States may file Form I-526, Immigrant Petition by Alien Entrepreneur” on their own behalf. Once your application or sponsoring petition has been approved, you may file for the adjustment of status. Before filing your Form I-485, Application to Register Permanent Residency or Adjust Status, you must check the visa availability in your category which is often shown by your priority date. Once your priority date is current and a visa is available, you may file for adjustment of status. When filing Form I-485, you must read the form instructions carefully and submit all required documentation and evidence required for your particular category.  Failure to do so may result in your application being delayed or possibly denied for failure to establish that you are eligible to adjust status.

Necessary Documents for Form I-485

You should submit the following evidence with your Form I-485:

• Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record)
• If you have already been approved for an immigrant petition, submit a copy of the approval notice sent to you by the USCIS
• Job offer letter from your employer
• Two color photos taken within 30 days
• Form G-325A, Biographic Data Sheet (for applicants between the ages of 14 and 79)
• Form I-693, Medical Examination (not required if you are applying based on      continuous residence since before 1972, or if you have had a medical exam based on a K-1 Fiancé Visa)
• Form I-864, Affidavit of Support (completed by sponsor – only applicable to green cards through family sponsorship)
• Any other evidence establishing eligibility

Once your application to adjust status is received by the USCIS, you may be notified to appear for an interview with an immigration officer where you will be required to answer questions under oath regarding your applications. If you fail to attend your interview or do not answer questions to the satisfaction of the immigration officer, your application may be denied. If you application is denied, it is important that you exercise your right to appeal the denial within 30 days of the decision. Appeals and motions to reopen or reconsider are filed under Form I-290B. It is important that you contact an experienced immigration attorney before filing any appeal so are prepared and can understand what avenues of relief you have. To learn more about how we may be able to help you, contact