Applying for a Green Card Without Leaving the U.S.
For many immigrants, the dream of permanent residency in the United States feels out of reach if it means leaving the country and waiting abroad for visa processing. Fortunately, adjustment of status provides a solution. This process allows eligible individuals who are already in the U.S. to apply for a green card (lawful permanent residence) without having to return to their home country.
What Is Adjustment of Status?
Adjustment of status is the procedure by which someone already in the United States applies to “adjust” from their current immigration status to permanent resident status. It is overseen by U.S. Citizenship and Immigration Services (USCIS).
Who Qualifies?
Not everyone in the U.S. can adjust status. To qualify, an applicant generally must:
- Have been inspected and admitted or paroled into the United States.
- Be physically present in the U.S. when filing.
- Be eligible for an immigrant visa under a family, employment, or other category.
- Have an immigrant visa number immediately available.
- Be admissible to the United States as a permanent resident.
The Application Process
The primary form for this process is Form I-485, Application to Register Permanent Residence or Adjust Status. Along with this application, individuals can also request:
- Employment Authorization (Form I-765): Work legally while the green card is pending.
- Advance Parole (Form I-131): Permission to travel abroad and return while the application is being processed.
Applicants will also attend a biometrics appointment and, in most cases, an in-person interview with USCIS.
Categories for Adjustment of Status
Adjustment of status is available through several immigration pathways, including:
- Family-Based Adjustment: For immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21), as well as other family preference categories.
- Employment-Based Adjustment: For foreign nationals sponsored by U.S. employers, typically after an approved petition and labor certification.
- Asylum and Refugee Adjustment: For individuals granted asylum or refugee status who meet the eligibility requirements.
- Other Categories: Such as winners of the Diversity Visa Lottery, certain special immigrant categories, and legalization programs.
Why Adjustment of Status Matters
Adjustment of status allows immigrants to remain in the United States while pursuing their green card. This avoids the expense, stress, and uncertainty of leaving the country for consular processing. In addition, applicants often receive temporary work and travel authorization, allowing them to move forward with their lives while waiting for a decision.
How Our Firm Helps
Adjustment of status is a detailed and highly technical process. A small error on your application or missing documentation can lead to long delays or even denials. Our firm helps by:
- Reviewing eligibility and confirming whether adjustment of status is the right option for you.
- Preparing and filing complete, accurate applications.
- Gathering strong evidence to support your case.
- Preparing you for your USCIS interview.
- Addressing potential issues such as unlawful presence, prior immigration history, or inadmissibility.
Take the Next Step
Adjustment of status is one of the most important opportunities available to immigrants already in the United States. With the right guidance, it can be your pathway to a green card and a secure future here.
Contact us today to discuss your eligibility and let us guide you through the adjustment of status process with confidence.
Disclaimer: The information provided here is for general informational purposes only and is not intended as legal advice. Immigration law is complex and constantly evolving. For advice tailored to your unique situation, please consult directly with our experienced attorney at Abogada Vida.
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