General Requirements

Adjustment of status refers to the process for becoming a lawful permanent resident without having to leave the U.S. to complete visa processing. Pursuant to the Immigration & Nationality Act, the primary source for immigration law, the status of an alien who was inspected and admitted or paroled into the U.S. may be adjusted by the Attorney General to that of a lawfully admitted permanent resident if:

  • The alien makes an application for such adjustment;
  • The alien is eligible to receive an immigrant visa and is admissible to the U.S. for permanent residence; and
  • An immigrant visa is immediately available to him at the time his application is filed.

How can you become a Lawful Permanent Resident While Living in the United States?

You may be eligible to apply for adjustment to lawful permanent resident status if you are already in the U.S. and if one or more of the following categories apply to you. You can adjust your status through: 

A Family Member

You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a U.S. citizen and have a visa petition approved in your behalf.

You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf.

Employment

You must have an immigrant visa number available from the State Department unless you are in a category that is exempt from numerical limitations. Immediate relatives of U.S. citizens are exempt from this requirement. Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21.

A Fiancé

You were a fiancé who was admitted to the U.S. on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file a Petition for Alien Relative). Your unmarried, minor children are also eligible for adjustment of status. If you do not marry the U.S. citizen who filed the K-1 petition on your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.

As an Asylee

You are an asylee or refugee who has been in the United States for at least a year after being given asylum or refugee status and still qualify for asylum or refugee status.

As a Cuban Citizen

You are a Cuban citizen or native who has been in the U.S. for at least a year after being inspected, admitted, or paroled into the United States. Your spouse and children who are residing with you in the U.S. may also be eligible for adjustment of status.

A Spouse’s LPR Status

Your spouse became a lawful permanent resident after you were married. You may be eligible to receive following-to-join benefits. In these cases, you may apply to adjust to lawful resident status at the same time that your spouse applies for following-to-join benefits for you.

Otherwise Eligible

If “otherwise eligible” to immigrate to the U.S., immediate relatives may adjust status to LPR in the U.S. even if they may have done any of the following:

  • Worked without permission
  • Remained in the U.S. past the period of lawful admission (meaning past the expiration date on your I-94)
  • Failed otherwise to maintain lawful status

Ability to Work While Adjustment is Pending

A person who has filed an application for adjustment of status may apply for employment authorization in increments of one year during the period the application is pending (including any period when an administrative appeal or judicial review is pending). This is an unrestricted employment authorization that permits the person to work for any employer. Because we understand that work authorization is very important to the majority of our clients, we include this application in our Adjustment of Status fee.

Appealing a Denial

If your application for adjustment of status is denied, you may have the right to appeal the decision. Generally, if your denial can be appealed, you must file the appeal within 30 days of the service of the decision. Our office can guide you through this process. It is also important to note that an application for adjustment of status may result in the issuance of a Notice to Appear (NTA). An NTA is essentially the charging document in the context of immigration law. Where an NTA follows an adjustment application, you have the right to request adjustment once again before an Immigration Judge. Our office is prepared to fight for your case in Immigrant Court and win your adjustment before a judge, if that shall become necessary.