Adjustment of Status

Only eligible immigrants can apply to register for permanent residence. To qualify, the applicants should fit into one of the eight green card eligibility categories listed by the US Citizenship and Immigration Services (USCIS).

The following options are available to immigrants seeking to adjust their status or obtain permanent residence:

Family Based Option

Certain family members such as a spouse, unmarried child below the age of 21, and parent of a US citizen who is aged at least 21 years are categorized as immediate relatives and may apply through a US citizen.

Other relatives of a US citizen or a lawful permanent resident can also apply through family-based preference categories. An unmarried child aged 21 or above, a married child or siblings of a United States citizen who is 21 years or older can apply for a green card through an American citizen. Family members of a lawful permanent resident, such as spouses and unmarried children under the age of 21 or older, are also eligible to apply.

The fiancé of a US citizen may also apply for a family-based green card.

An immigrant who intends to become a recipient of a green card in the US has to follow the process described below:

• File an immigration petition and Form I-485. Usually, someone else files the immigration petition for the person seeking to adjust their status. In most cases, the immigration petition is required to be approved before Form I-485 can be filed.
• Check the visa availability of your category. Generally, Form I-485 is only filed once the visa is available. There are exceptions to this requirement.
• File Form I-485 (adjustment application) either with USCIS or a visa application with the US Department of State after the approval of your immigration petition and confirmation of the visa availability for your category.
• The next step is the biometrics appointment, where you must provide fingerprints, photos, and a signature.
• Go for the interview. Applicants have to be present at the adjustment of status interview when contacted by the immigration service and are required to carry all the original supporting documents for the interview. The interview will take place at the local USCIS office, where the immigration officer will decide on the application.
• Provide additional evidence, if required by the USCIS officer.
• Finally, you will receive a decision on your green card application.

If the USCIS approves your application, your green card will be mailed to you within thirty days of receiving the approval letter.

Aliens who are unsure of their immigration status or require assistance with immigration laws such as Immigration and Nationality Act (INA) should contact a deportation defense Lawyer.

The time taken to process an adjustment of status includes the time from receipt to completion.

The length depends on various factors, including the category of green card, the time taken to submit biometrics, the response time of the applicant, and the scheduling of interviews.

The processing time for Form I-485 applications is generally 8-14 months though longer wait times have also been reported. However, several factors can impact the processing time, including the number of applications, categories of adjustment, or requests received.

Processing times also depend on the USCIS service center processing the application. Complicated cases may require additional adjudicative time.