Adjustment of Status
Adjustment of status is an immigration process by which a foreign national who the United States can apply for permanent resident status (green card) without having to return to his or her home country. The Immigration and Nationality Act (INA) allows certain individuals to change their immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (green card) status. There are fewer options for those who are undocumented in the U.S. to adjust status. In any event, adjustment of status requires the approval of a predicate petition either through employment, family, or a humanitarian petition like asylum.
What is the difference between adjustment of status and consular processing?
Consular processing is an alternate process for an individual outside the United States (or who is in the United States but is ineligible to adjust status) to obtain a visa abroad and enter the United States as a permanent resident.
I entered the U.S. with a visa. Can I adjust my status?
Maybe. Individuals who were inspected and admitted or paroled into the United States and who meet all the required qualifications for a green card (permanent residence) in a particular category may apply to adjust their status to lawful permanent residence. Certain non-immigrants, like crewman, are statutorily barred from adjusting status. Only certain individuals who have fallen out of status (have an expired I-94 card) may apply for adjustment of status.
I entered the U.S. without inspection. Can I adjust my status?
Generally, only individuals who were inspected and admitted or paroled into the United States and who meet all the required qualifications for a green card (permanent residence) in a particular category may apply to adjust their status to lawful permanent residence.
Do I need an attorney to assist me with adjustment of status?
Whether you are eligible for adjustment of status or not involves a nuanced legal determination and most clients find it helpful to have an attorney assist them with the process of preparing the USCIS petitions and compiling supporting proof of eligibility.
Working with Poarch Law on Adjustment of Status
Poarch Law will meet with you to determine eligibility prior to filing with USCIS and to identify any potential issues that may threaten final approval. We provide you with a detailed checklist of materials and prepare you for your final adjustment interview with USCIS. Poarch Law consults on adjustment of status cases nationally. Contact us now to arrange a consultation online, over the phone, or in person.