Adjustment of Status

Adjustment of status refers to the process in which a noncitizen obtains a US legal permanent status while physically present in the United States.

Obtaining a permanent residence enables you to live and work in the United States lawfully, as long as you don’t abandon your residency or engage in certain activities that make you deportable.

Adjustment of status depends mainly on the eligibility and admissibility of the applicant and leads to a pathway of citizenship. However, there are bars to adjustment, meaning you may not be allowed to adjust status or get a green card if certain conditions exist. The following are some examples that are not exhaustive: entry to the United States without being admitted, inspected or paroled, failing to maintain continuous legal status since last entry to theUnited States, not in lawful status at the time the adjustment of status application was filed.

The adjustment of status process:

  • File Form I-485 with the correct fees at the proper location
  • Birth Certificate of the applicant, with a translated copy attached if needed
  • Evidence of admission or parole to the United States
  • Submit affidavit of support and all related forms
  • Report of Medical Examination and Vaccination Record (Form I-693)

Depending on the basis of filing for adjustment of status, certain applicants must attach evidence of the underlying petition with their application Certified copies of arrest records and court dispositions for all arrests. Applicants are not required to submit records for minor traffic violations, records that don’t involve drugs or alcohol, citations that did not result in an arrest or where the penalty was a fine for less than $500 or points on a driver’s license.