Are you currently in the U.S. on a temporary visa and considering making it your permanent home? The adjustment of status process is a critical pathway for nonimmigrants who decide to transition to permanent resident status without leaving the U.S. This guide will help you understand what adjustment of status entails, detail the eligibility requirements, and outline the steps involved in the process.

Overview of Adjustment of Status

Adjustment of status is the process that allows individuals who are currently in the U.S. to apply for lawful permanent resident status, commonly known as obtaining a Green Card. This process enables nonimmigrants to change their legal status from temporary to permanent while remaining in the United States, avoiding the need to return to their home country for visa processing.

Eligibility for Adjustment of Status

To qualify for adjustment of status, applicants must meet several criteria:

• Legal Entry: Applicants must have entered the U.S. legally and maintained lawful status.
• Visa Availability: An immigrant visa number must be immediately available at the time of application.
• Sponsorship: Most applicants need to be sponsored by a U.S. employer or a family member who is a U.S. citizen or lawful permanent resident.
• No Disqualifying Violations: Applicants must not have engaged in unauthorized employment or otherwise violated the terms of their stay.

Required Documentation

A successful adjustment of status application requires comprehensive documentation:

• Form I-485: Application to Register Permanent Residence or Adjust Status.
• Proof of Legal Entry: Copies of your I-94 travel record and your current visa.
• Supporting Evidence: Birth certificates, marriage certificates (if applicable), and proof of your sponsor's status.
• Financial Documentation: Evidence of financial stability or an affidavit of support from your sponsor.

The Application Process

The application process for adjustment of status includes several key steps:

1. Submission: File Form I-485 along with all supporting documentation to USCIS.
2. Biometrics Appointment: Attend a scheduled appointment to provide fingerprints and photographs.
3. Interview: Participate in an interview with a USCIS officer who will verify your application and assess your eligibility.
4. Decision: If approved, your Green Card will be mailed to you, granting permanent resident status.

Benefits of Adjustment of Status

Adjusting your status provides several advantages:

• Permanent Residency: You gain the right to live and work in the U.S. indefinitely.
• Path to Citizenship: It starts the process towards eligibility for U.S. citizenship through naturalization.
• Legal Rights: As a permanent resident, you are afforded legal protections and rights similar to those of U.S. citizens.

Living in the U.S. During the Adjustment Process

While your application is pending, you have certain allowances:

• Employment Authorization: You can apply for an Employment Authorization Document (EAD) to work legally in the U.S.
• Travel Permission: Obtain Advance Parole if you need to travel outside the U.S. without affecting your pending application.

Understanding and navigating the adjustment of status process is vital for those looking to establish permanent residency in the U.S. Thorough preparation and compliance with the application requirements can help ensure a smooth transition. For additional assistance, GovAssist offers expert guidance to simplify U.S. immigration procedures, ensuring your transition is handled with care and precision.