Immigrants currently in the United States who are looking to make their residency permanent can file for an adjustment of status. This is one legal option to obtaining a green card which equates to being a lawful permanent resident.
Below are some of the most common questions asked by individuals or their loved ones when considering filing for an adjustment of status.
Do I Have to Return to My Home Country to Complete an Adjustment of Status?
Answer: No, you should not have to leave the U.S. once your current visa expires if you have already started the adjustment of status application process.
How Do I Know if I’m Eligible for an Adjustment of Status?
Answer: Several factors can help determine if you are eligible for an adjustment of status including:
- You came into the U.S. with a valid visa and are currently in this country.
- You meet the requirements for the type of green card you’re applying for.
- You already have an approved Form I-130 or I-140.
- You were in the U.S. on a K-1 fiance visa and got married while your visa was still in effect.
- It’s been at least one year since you were granted refugee or asylum status from the United States Citizenship and Immigration Services (USCIS).
- You currently have lawful status.
What Is the Process to File for an Adjustment of Status?
Answer: There are five basic steps to complete the adjustment of status process.
- I-130 Visa Petition: your green card sponsor needs to complete Form I-130 with USCIS. This form will prove that you are a family member or have some type of relationship with the sponsor.
- Form I-485: once your I-130 petition is approved, you need to complete Form I-485. Some, however, choose to file both Forms I-130 and I-485 at the same time. Form I-485 is critical as this is the official adjustment of status request.
- Biometrics Appointment: this appointment usually takes about 15 minutes. You will have your picture taken, fingerprints scanned, and sign off on a criminal background check at the appointment.
- Green Card Interview: at this appointment, you will speak with someone from USCIS about your application and documents submitted to prove your case for lawful permanent residence.
- USCIS Decision: this is when you hear back from USCIS on whether they approved or denied your application. An online tracker is available to see the status of your application.
I Have More Questions About an Adjustment of Status
There are many more questions you might have about an adjustment of status application. The experienced team at Murray Osorio PLLC is ready to answer those questions or any other questions you may have about immigration. Contact us today online or by phone — (800) 929-7142.