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.

Who are Eligible for Adjustment of Status

Eligible for Adjustment of Status (Form I 485) are:

• K-1 fiance(e) of a US citizen
• K-2 dependent
• K-3 spouse of a US citizen
• K-4 dependent

Other:

• Foreign investors that has an essential immigration petitions may also file to adjust their status.
• Those who are granted asylum in the United States.
• Refugees living in the country for atleast 1 year.
• A Cuban national may also apply - but he must have resided in the U.S. for atleast a year. Same goes with the spouse and children of a Cuban national.

For more info:

http://www.immigrationdirect.com/greencard/Adjustment-of-Status-Form-I-485.jsp

 

Tips in Filing Form I-485 for Adjustment of Status

You must be attentive while you file Form I-485 and you must first read the form instructions before filling the form. Moreover, you may be required to submit few supporting documents along with your application for adjustment of status, to prove that you are eligible for the process.

Your application may be delayed or denied, if you do not file your application along with the required documentation and you may also be considered ineligible for adjustment of status. You may be required to be present for biometrics collection at an Application Support Center.

 

You will then be called for an interview at a USCIS office and you need to submit all the original documents including your passport and travel documents, at the time of your interview. However, all the adjustment of status applicants may not be required to appear for interviews. USCIS will then mail its decision to you, after reviewing your application and after the biometrics collection and the interviews.

Adjustment of Status Form I-485 Questions

What is Adjustment of Status Form I-485?

Adjustment of status is a process which allows non-immigrants in the United States to adjust and change their non-immigrant status to immigrant status, if they belong to an eligible category. If you feel that you are eligible for adjustment of status, you may file the USCIS Form I-485.

When to File an I-485 Adjustment of Status Application?

You can file the I-485 once you received the I-130 or I-140 receipt notice from the USCIS. The priority date determines the visa availability. For relative petitions, the priority date is the date when the I-130 immigrant petition form was properly filed. For employment-based petitions, the priority date is the date from the labor certification that was filed with the Department of Labor (DOL), or the date that the I-140 immigrant petition was filed with the USCIS (if no labor certification was required).  The priority date becomes "current" when there is a visa available.  If the priority date is current, you may file for Adjustment of Status during the month when the priority date is current. The State Department issues a document each month called the Visa Bulletin that lists the current priority dates for each immigrant preference category.  There are also special situations, such as the diversity visa lottery, registry, and asylum that permit filing for adjustment of status within specified timeframes.

Source: When can I file my I-485 Adjustment of Status?