For green card holders, an adjustment of status, or AOS, is a change in their legal status that allows them to become a lawful permanent resident of the United States without first having to obtain an immigrant visa. As part of the application for an adjustment of status, your health, place(s) of residence, criminal background, and family will all be taken into consideration.
Not all green card holders are eligible for an adjustment of status. You can only be eligible for an adjustment of status if one of the following applies to you:
Family member
If you have been approved for a family-based immigrant visa petition, you are eligible for an adjustment of status. You are also eligible if you are filing the family based visa petition at the same time that you file for an adjustment of status, so you don’t necessarily have to have this already completed. If you are eligible for a family-based immigrant visa, you are also eligible for an adjustment of status.
Employment
If you have been approved for an employment-based immigrant visa, you are eligible for an adjustment of status. As with a family-based visa, you can also apply for both an employment visa and an adjustment of status at the same time. If you are eligible for an employment visa, you are eligible for an adjustment of status.
Engagement/Marriage
If you were initially admitted to the country as the fiance of a US citizen and you married them within 90 days of entering the country, you are eligible for an adjustment of status. Any children that you had prior to that marriage are also eligible for an adjustment of status, but only if you are also applying for one. Your child cannot be eligible for an adjustment if you are not also applying for one.
If you married your fiance after the 90 day limit, your spouse must file a Petition for Alien Relative before you can be eligible for an adjustment. If you did not marry the person who filed the K-1 petition for you to enter the country, you are not eligible for an adjustment of status even if you did marry another US citizen.
Asylee/Refugee
If you have been granted asylum or refugee status, you must wait a full year before you are eligible for an adjustment of status. At the time, you must still qualify as an asylee or refugee to be eligible for an adjustment. If you meet those requirements, you, your spouse, and your children are all eligible for an adjustment of status.
Green Card Lottery
If the Department of State notifies you that you have won a visa in the Green Card Lottery, you are automatically eligible for an adjustment of status.
Resident since 1972
If you have been a resident of the United States since January 1, 1972, and if that residency has been continuous, you are eligible for an adjustment of status.
Cuban
Anyone of Cuban citizenship who has resided in the United States for one year is eligible for an adjustment of status. The same is true for natives of Cuba who cannot prove their citizenship. Spouses and unmarried children of these persons are also eligible.
Ineligibility
If you entered the United States without a visa, you are not eligible for an adjustment of status.
If you were not inspected and admitted or paroled by an immigration officer, you are ineligible for an adjustment.
If you are employed in the United States without USCIS authorization or are no longer in the country legally, you are ineligible. This does not apply if you are no longer legally here through no fault of your own or for certain technical reasons. It also does not apply if you are an immediate relative of a US citizen, a K-1 or K-2 dependent, or an H or I non immigrant or special immigrant.
If you were admitted on a K-1 petition and did not marry the citizen who filed for you, you and any children you may have are not eligible.
J-1 and J-2 visitors who have not completed their foreign residence requirements are not eligible.
If you were admitted to the United States or Guam under the visa waiver program, you are not eligible.
If you are already a conditional permanent resident, you are not eligible.
Immigration laws are complex and often difficult to understand. If you still are not sure if you are eligible for an adjustment of status, contact us at Pride Immigration. We are experts in immigration and have helped thousands of immigrants like you. We will be able to determine your eligibility and guide you through all of your options and the entire adjustment process.
Beeraj Patel, Esq.
Latest posts by Beeraj Patel, Esq. (see all)
- What Benefits Does a Green Card Provide? - November 18, 2024
- Common Issues with Form I-140 and How to Overcome Them - November 12, 2024
- How Long Will It Take to Get a Green Card? - October 7, 2024