What Is Adjustment of Status?

Are you looking to get your Green Card? If you are looking to apply for lawful permanent resident status in the U.S, also known as applying for your Green Card, then you must figure out what path you should take. If you are outside of the U.S., you will need to go through Consular Processing in order to apply for your Green Card. If you are already in the U.S., however, you will go through a process known as “adjustment of status.” With adjustment of status, you are able to obtain your Green Card without needing to return to your country of origin in order to complete visa processing.

What Is Adjustment of Status?

Before you go through the adjustment of status process, you need to first determine whether you are eligible for Green Card. There are a number of ways to be Green Card-eligible and the requirements for adjustment of status will vary depending on which immigrant category you are applying under. Because of this, the first step in the adjustment of status process is to find the specific immigrant category that fits you and your particular situation.

What immigrant category you fit into will determine the next step in the process. Either you or someone else will need to file an immigrant petition. A family member or employer may need to file the petition on your behalf. This means that the family member or employer will be sponsoring you for your Green Card. Sometimes, however, you can file the petition on your own behalf depending on the category. Furthermore, most categories will require you to have an approved immigrant petition prior to being able to file a Form I-485, Application to Register Permanent Residence or Adjust Status.

If you are already in the U.S. and are otherwise eligible for adjustment of status, you can go ahead and file Form 1-485. Once you file your application, USCIS will send you a notice in the mail regarding your biometrics services appointment. This will be at a local Application Support Center (ASC). At the appointment you will need to provide your fingerprints and photograph, as well as your signature in order to certify that you have reviewed all of your application information provided and that it is all complete, true, and correct as of the time your application was filed. The notice sent by USCIS will notify you of the date, time, and location of the appointment. The biometrics gathered at the appointment will be used by USCIS in order to verify your identity as well as to conduct the necessary background and security checks.

USCIS officials are tasked with reviewing your case. USCIS will determine whether an interview is necessary as part of the application process and, if it is, you will be sent a notice outlining the time, date, and location of the interview. You must attend this interview, bring any original documentation submitted with Form I-485, and bring any additional requested evidence.

You are always able to go online or call the USCIS Contact Center to check on the status of your application. Once a decision is rendered, you will receive written notice. Should your application be approved, you will receive your notice of approval first and then will later receive your Permanent Resident Card (Green Card).

Immigration Law Attorneys

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x104). You can also visit our Law Firm’s website at www.visaserve.com.