If you’re an immigrant looking to become a lawful permanent resident of the United States without having to leave the country, the Adjustment of Status process may be the right path for you. This process allows eligible individuals to apply for a Green Card while remaining in the U.S., avoiding the need for consular processing in their home country. However, not everyone qualifies. Understanding the eligibility requirements is the first step in determining whether this option is right for you.
Who is Eligible for Adjustment of Status?
To apply for Adjustment of Status, you must meet specific criteria set by U.S. immigration law. Below are the key eligibility requirements:
1. You Must Have an Eligible Immigration Status
The most common way to qualify is through a family-based or employment-based petition. For example, if you are the immediate relative of a U.S. citizen (such as a spouse, parent, or unmarried child under 21), you may be eligible. Other paths include employment sponsorship, refugee or asylee status, or certain humanitarian programs.
2. You Must Have Entered the U.S. Legally
In most cases, you must have entered the U.S. legally, meaning you were inspected and admitted or paroled by an immigration officer at a port of entry. If you entered without proper documentation, you might still qualify under specific circumstances, such as the provisions of certain waivers.
3. You Must Have an Approved Visa Petition (if Required)
Many applicants need to have an approved immigrant visa petition before applying for Adjustment of Status. For example, if you are applying through a family member, they must first file Form I-130 (Petition for Alien Relative) and have it approved before you proceed with your application.
4. You Must Have a Visa Available
Even with an approved petition, you can only apply for a Green Card if a visa number is available in your category. Immediate relatives of U.S. citizens do not have to wait for a visa, but those in preference categories (such as siblings of U.S. citizens or employment-based applicants) may have to wait for their priority date to become current.
5. You Must Be Admissible to the U.S.
Some factors can make a person inadmissible for a Green Card, such as certain criminal convictions, prior immigration violations, or health-related grounds. If you are inadmissible, you may need to apply for a waiver to be considered for Adjustment of Status.
Do you Need Help?
At J. Molina Law Firm, we specialize in helping immigrants achieve their dream of permanent residency. Contact us today to schedule a consultation, and let’s work together to protect your American Dream!
