Adjustment of Status

Adjustment of Status is a procedure allowing certain foreign nationals already in the U.S. to apply for immigrant status. Foreign nationals admitted to the U.S. in a non-immigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available.

Benefits of Adjustment of Status:

  • You can maintain valid status in the U.S. while your Adjustment of Immigration Status application is being processed
  • You are permitted to apply for an employment authorization document and take up employment while your Adjustment of Status application is pending
  • You can file Adjustment of Status application concurrently with immediate relative green card petitions, and employment based first, second and third preference categories (if a visa is currently available)
  • You can appeal a denied Adjustment of Status application

Requirements for Adjustment of Status

  • You may apply for Adjustment of Status after your immigrant visa petition is approved by the USCIS, and a visa number is readily available to you.

Note: Visa numbers are limited by law for certain family members of U.S. citizens and lawful permanent residents and for employment based cases. This means that even if the USCIS approves your immigrant visa petition, you may not get an immigrant visa number immediately. In certain cases, several years could pass between the time USCIS approves your immigrant visa petition and the Department of State gives you an immigrant visa number.

The following persons are eligible to apply for Adjustment of Status:

1) Immediate Relatives of U.S. citizens

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:

  • You are the spouse, unmarried child (under 21 years old), or parent of a U.S. citizen.
  • You have an approved family-based immigrant petition, or you can file one concurrently with your adjustment of status application.
  • You entered the United States Lawfully or qualify under Section 245(i).

2) Beneficiaries of Family-based immigrant petitions

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:

  • You have an approved family-based immigrant petition.
  • You have a current priority date available to file for adjustment of status.
  • You are in the United States Lawfully or qualify under Section 245(i).

3) Beneficiaries of Employment Based Green Card Petitions

You can apply for adjustment of status to permanent residence if you satisfy the following conditions:

  • You have an approved labor certification or are exempt from labor certification requirement.
  • You have an approved employment based immigrant petition.
  • You have a current priority date available to file for adjustment of status.
  • You are in the United States Lawfully or qualify under Section 245(i).

4) Dependents of Principal Application preference categories

  • You may be eligible to receive following-to-join benefits if you are a spouse or an unmarried child under age 21 of a principal applicant in a preference category. In such a case, you may apply to adjust to permanent resident status at the same time that your spouse or parent applies for following-to-join benefits for you.

5) Dependents of Lawful Permanent Residents

You may apply for adjustment of status to permanent residence if you satisfy the following conditions:

  • You are a spouse or an unmarried child under age 21 of a lawful permanent resident.
  • You have an approved family based immigrant petition.
  • You have a current priority date available to file for adjustment of status.
  • You are in the United States Lawfully or qualify under Section 245(i).

6) U.S. Citizens’ Spouses who entered the U.S. on K-1 Fiancé(e) Visa

  • You may apply for adjustment of status to permanent residence if you were a fiancee who was admitted to the U.S. on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you.
  • Your unmarried, minor children are also eligible for adjustment of status.

Note: If you did not marry the U.S. citizen who filed the K-1 fiancee petition on your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the U.S.

Important: If you married the U.S. citizen but not within the 90-day time limit, your spouse must now file USCIS Form I-130, Petition for Alien Relative.

7) Asylees or Refugees in the U.S.

You may apply for adjustment of status to permanent residence if you are an asylee or a refugee who has been in the U.S. for at least one year after being granted asylum or refugee status, and still qualify for asylum or refugee status.

8) Cuban Citizens residing in the U.S. for at least one year

You may apply for adjustment of status to permanent residence if you are a Cuban citizen or native who has been in the U.S. for at least one year after being inspected, admitted, or paroled into the U.S. Your spouse and children who are residing with you in the U.S. may also be eligible for adjustment of status.

9) Foreign Nationals continuously residing in the U.S. since 01/01/72

You may apply for adjustment of status if you have been a continuous resident of the U.S. since before January 1, 1972

Vaccination Requirements for Adjustment of Status

The Immigration law requires all individuals applying for Adjustment of Status be vaccinated for mumps, measles, rubella, polio, tetanus, diphtheria toxoids, pertussis, influenza type B, hepatitis B, and any other recommended by the Advisory Committee for Immunization Practices (ACIP).

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