Adjustment of Status is the process in which a foreign national residing in the U.S. changes his or her legal status to "permanent resident" or "green card holder." Adjustment of Status is a comprehensive application process that consists of forms and application fees.  Not everyone qualifies for Adjustment of Status and an applicant must be in the United States in order to apply.

In general, the Adjustment of Status application process consists of application forms, a medical examination and an affidavit of support (if required).  Proof of family ties must also be included for applications based upon family relationships. An interview is always conducted for marriage cases, and may be scheduled for employment and family based applications. Once the Adjustment of Status is approved, the Green Card is mailed to the applicant within a couple of months. There are several requirements that must be fulfilled before an individual may qualify for Adjustment of Status:

• The immigrant visa petition must be approved by USCIS (Form I-130 OR Form I-140); and
• An immigrant number must be available from the Department of Homeland Security (DHS);

In certain situations, the petition may be approved by USCIS but an immigrant number may not be available from DHS. In these cases, it can take months or even years before an individual may be able to adjust status to become a lawful permanent resident.

Determining eligibility to adjust status can be a complicated task.  If you would like to speak with one of our attorneys to determine your eligibility, please contact us.

Page Summary: Adjust of status is a process by which foreign nationals become permanent residents of the United States.