Adjustment of Status

Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete the visa processing.

If you are outside of the United States, you must obtain your visa abroad through consular processing as explained under the family-based immigration petition category.

U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. The first step in the adjustment of status process is to determine if you fit into a specific immigrant category.

Most categories require you to have an approved immigrant petition before you can file Form I-485, Application to Register Permanent Residence or Adjust Status. However, some categories may allow you to file your Form I-485 at the same time that the immigrant petition is filed or while the immigrant petition is pending. This is called “concurrent filing.” For more information on concurrent filing and to determine if you qualify for an adjustment of status please consult with our office for a more detailed explanation. Some categories do not require an underlying immigrant petition (for example, Cuban Adjustment Act).