Adjustment of Status Application

Adjustment of Status is the process which allows a foreign national who is in the United States on some other non-immigrant status to adjust status to immigrant status. If you seek to adjust your status to immigrant status, you may file the USCIS Form I-485, Application to Register Permanent Residence or Adjust Status.

You may file this form while in the United States and you may not be required to return to your home country to apply for adjustment of status. If you are outside the United States, you may not file for adjustment of status, but you will have to go through Consular Processing to become a permanent resident.

Many foreign nationals become permanent residents by being sponsored by their family members and US employers. Few others become permanent residents by entering into the country as refugees or asylees. Hence, there are a few different ways through which a citizen of a foreign country may become a permanent resident of America.

Based on your particular category, you may be required to file an immigrant visa petition on your behalf. If you seek to become a permanent resident through your relative, the sponsoring family member must file Form I-130, Petition for Alien Relative.

If you are sponsored by a US employer, the sponsoring US employer must file Form I-140, Petition for Alien Worker, before you file Form I-485 for adjustment of status.

There are certain humanitarian programs that do not require underlying petitions to file an application to adjust status. Based on your particular category, you may concurrently file Form I-485 for adjustment of status at the same time of filing Form I-130 or Form I-140. This concurrent filing process is applicable for the immediate relatives of an American citizen.

Certain other categories of individuals may file concurrently, if visa numbers are available in their categories. However, there are certain categories that require the applicants to first prove that they are eligible to immigrate to the United States by getting the immigrant petition approved. Only after their immigrant visa applications are approved, they will be allowed to file Form I-485 for adjustment of status. Such categories of applicants may not be eligible for filing concurrently.