Adjustment of Status
Contact Chicago Adjustment of Status Attorney for Advice
Our experienced adjustment of status attorney can help you to adjust status as long as you can establish the eligibility. Learn with us how to get a green card through the adjustment of status. Sometimes the adjustment of status can be confusing and complicated, so we recommend you to reach our Chicago adjustment of status attorney.
What is an Adjustment of Status?
An “adjustment of status” is a process in which aliens with non-immigrant status who are physically present in the United States can apply for a legal permanent resident (green card) status without having to return to their home country to obtain an immigrant visa. The adjustment of status allows you to obtain a green card without returning to your home county. Our legal team is here to assist you in applying for a green card through adjustments of status.
Who can Apply for a Green Card through Adjustment of Status?
Aliens may apply for adjustment of status if they fall in one of the immigration categories listed below:
- Family-Based Immigration
- Employment-Based immigration
- Refugee or through seeking Asylum
- Special Immigrant Status
- Victims of Abuse
- Victims of Human Trafficking
What are the Requirements to Adjust the Status?
An alien must meet the following requirements to apply for a green card through adjustment of status:
- Must Be admitted to the United States. Admission is a lawful entry into the United States after the alien was inspected and authorized by an immigration officer to enter the United States.
- Must Be Present in the United States. It means that person must be physically present in the United States. If a person is located outside the United States, he or she may obtain a green card through consular processing by applying for an immigrant visa in the U.S. consulate abroad.
- An Immigrant Petition Must be Approved. This requirement applies only to categories of aliens who are subject to the annual quota for immigrant visas. However, the adjustment of the status petition on behalf of immediate relatives of US citizens can be filed concurrently with an immigrant petition.
- The Immigrant Visa is Available. The priority date of the alien’s immigrant petition must be reached before applying for adjustment of status. This requirement doesn’t apply to the immediate relative’s category.
How to Apply for a Green Card through Adjustment of Status:
- The sponsor Must File an Immigrant Petition on Behalf of the Alien. The sponsor (family member who is a US citizen, permanent resident, or US employer) must file an immigration petition (form I-130) on behalf of the alien and wait for the immigrant visa number to become current.
- File Application to Register for Permanent Residency or Adjust Status. Before filing Form I-485 (Application to Register for Permanent Residency or Adjust Status), an alien must confirm that an immigrant visa is available. You can check visa availability through the Visa Bulletin.
- Attend Biometrics Appointment. After Form I-485 is filed, USCIS will send the Biometrics Appointment Notice which will direct you to appear at Application Support Center to take fingerprints and conduct the background check.
- Attend Interview. USCIS will issue a notice that will contain the time, date, and place of the interview. You will need to bring the originals of documents submitted with Form I-485. During the interview, the USCIS office may ask you questions about your application and documents submitted in support of the application, and the basis for adjustment of status.