ADJUSTMENT OF STATUS
Adjusting your status to become a permanent resident is crucial as it provides access to full legal rights, increased opportunities, and the ability to be protected under U.S. law.
Adjustment of Status or Green Card
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Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
Categories
Family-Based
Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents), as well as certain other family members such as siblings and married children of U.S. citizens, and spouses and unmarried children of permanent residents.
Family-based AOS is one of the most common pathways. U.S. citizens and permanent residents can sponsor their eligible family members for a green card. Immediate relatives of U.S. citizens have priority and do not need to wait for a visa number, while other family members may face longer waiting periods due to annual visa caps.
Employment-Based
Foreign nationals with a job offer from a U.S. employer, individuals with extraordinary abilities, outstanding professors or researchers, multinational executives or managers, and skilled workers, professionals, and other workers.
Employment-based AOS is available for individuals who have a job offer in the U.S. and whose employer is willing to sponsor them. There are different preference categories based on the type of job and the individual's qualifications. Some categories, such as those for individuals with extraordinary abilities, may not require a job offer or labor certification.
Special Immigrant
Various subcategories including religious workers, certain international organization employees, Iraqi and Afghan translators, and others.
Special immigrant categories cover a wide range of individuals who meet specific criteria set by U.S. immigration law. This includes religious workers, employees of international organizations, and other specific groups who provide unique contributions or face particular risks.
Refugee/Asylum
Individuals who have been granted asylum or refugee status in the U.S.
Explanation: Refugees and asylees who have been physically present in the U.S. for at least one year can apply for AOS to become permanent residents. This provides a pathway to stability and permanency for those who have fled persecution and been granted protection in the U.S.
Diversity Lottery
Individuals who have been selected for the Diversity Visa (DV) Lottery.
Explanation: The Diversity Visa Lottery provides a limited number of visas each year to individuals from countries with low rates of immigration to the U.S. Winners of the lottery can apply for AOS if they are already in the U.S. and meet all eligibility requirements.
Other Categories
Includes victims of human trafficking (T nonimmigrants), victims of crime (U nonimmigrants), certain Cuban nationals, and others under specific programs.
This category encompasses various special circumstances where individuals may be eligible for AOS. This includes victims of human trafficking and certain crimes, Cuban Adjustment Act beneficiaries, and other groups designated by specific U.S. immigration programs.
Comprehensive Resources
Navigating the adjustment of status process requires access to accurate information and resources. On our website, you’ll find a wealth of resources designed to demystify the citizenship process and answer your questions. From eligibility requirements and application procedures to study materials for the naturalization test, we’ve got you covered every step of the way.
Personalized Guidance
Our team of experienced immigration attorneys is here to provide personalized guidance and support tailored to your unique circumstances. Whether you’re a green card holder seeking to naturalize or facing challenges with your citizenship application, our attorneys have the knowledge, experience, and dedication to help you achieve your adjustment of status process.
A: The processing time can vary based on individual circumstances and USCIS workload, typically ranging from several months to over a year.
A: Yes, but you must have an approved Advance Parole document to re-enter the U.S.
A: If your application is denied, you may appeal the decision or explore other immigration options. Consult an immigration attorney for guidance.
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