Adjustment of Status

9 Things to Know About Filing for an Adjustment of Status

Applying for lawful permanent residency – or getting your Green Card – is paramount for non-U.S. citizens wishing to stay permanently in the United States. One way to do this is to go through the adjustment of status process.

The adjustment of status process permits those who enter the United States on a temporary visa (such as a student visa) to apply for lawful permanent residency without leaving the United States. This means that you can obtain your Green Card without returning to your home country while your lawful permanent residency application is processed.

With a Green Card, you can legally live, work, and study anywhere in the United States. Keep reading to learn the nine things you should know about the adjustment of status process.

The Adjustment of Status Process in 9 Steps

1. Determine Your Eligibility to Apply for a Green Card

When applying for adjustment of status, you first must determine your eligibility to apply for a Green Card. Your eligibility will depend upon your immigrant category.

U.S. Citizenship and Immigration Services (USCIS) provides eight different Green Card eligibility categories:

• Through family;
• Through employment;
• As a special immigrant (such as a religious worker or an international broadcaster);
• Through asylee or refugee status;
• As a human trafficking and crime victims;
• Through registry (if you have resided in the United States continuously since before January 1, 1972);
• Through other categories (such as through the Cuban Adjustment Act or the Diversity Immigrant Visa Program).

Once you determine your “category,” you can then review the specific eligibility requirements that apply to you.

For example, you can qualify for a family-based Green Card if you are the spouse, parent, child, or other close relative of a U.S. citizen or Green Card holder. To qualify for the employment-based Green Card, you’ll need an employer sponsorship, or you are a member of a profession requiring an advanced degree, among others.

2. Understand Which Forms You Need to File

Most immigrants must complete two forms – a Green Card application and an immigrant petition. Here are some common immigrant petition forms that may apply to your situation:

• Form I-130, Petition for Alien Relative;
• Form I-140, Immigrant Petition for Alien Worker;
• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant;
• Form I-526, Immigrant Petition by Alien Entrepreneur;
• Form I-589, Application for Asylum and for Withholding of Removal;
• Form I-730, Refugee/Asylee Relative Petition;
• Form I-918, Petition for U Nonimmigrant Status;
• Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant.

For some categories, you may need to have your immigrant petition approved before filing your Green Card application on a Form I-485, Application to Register Permanent Residence or Adjust Status. For others, you may file your Form I-485 at the same time as your immigrant petition. This is called a “concurrent filing.” Finally, certain categories, such as the Cuban Adjustment Act category, do not require an immigrant petition to be filed.

At this point, you may be wondering about the cost of filing these forms. For example, if you’re filing a Form I-130, your filing fee is $535. This filing fee cannot be waived. Additionally, the filing fee is not refundable, no matter the action taken by the USCIS. For other forms, you can check the form’s instructions to learn about the required filing fees. An experienced immigration attorney can also help you with this.

Your Form I-485 requires a separate filing fee, but it depends upon your situation. Here is a list of the fees associated with Form I-485 as well as the biometrics interview.

These above fees are waived if you’re filing the Form I-485 as a refugee.

3. Determine Your Visa Applicability

Typically, you cannot file your Form I-48 until a visa is available in your immigrant category (if applicable). To learn more about visas, you can check the following resources:

• The USCIS’s Visa Availability and Priority Dates page;
• The USCIS’s Adjustment of Status Filing Charts;
• The Department of State’s Visa Bulletin.

Any visa exceptions are specified in each immigrant category, as applicable.

4. File Your Form I-485

Once you settle your visa requirements, as applicable, you’ll then file your Form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS.

When you file your Form I-485, you can streamline the process by also submitting any required evidence. Do not submit any original documents unless specifically asked to do so.

Here are some examples of the evidence you may need to submit:

• Two passport-style photographs;
• A copy of your government-issued identity document with photograph;
• A copy of your birth certificate. If it is unavailable or does not exist, submit other acceptable evidence of birth such as church, school, or medical records, and proof of unavailability or nonexistence;
• Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA 245(i)). For more information and examples, please see the form instructions;
• Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the Form I-130 filed on your behalf (unless you are filing your Form I-485 with the Form I-130 filed on your behalf);
• Form I-864, Affidavit of Support (if required);
• Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
• Documentation regarding J-1 and J-2 exchange visitor status (Form I-612, if applicable);
• Form I-508, Waiver of Diplomatic Rights, Privileges, Exemptions, and Immunities (if applicable);
• Form I-566, Interagency Record of Request – A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
• Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (Supplement A) (if applicable).

Additionally, you’ll want to keep the following tips in mind when completing your forms:

• Use the most current version of the form;
• Remember to sign your form where indicated (any unsigned form will be rejected);
• Use black ink if you handwrite your form;
• Complete the entire form as required;
• Do not use highlighters, colored ink, or correction fluid on your form;
• Pay the correct fee for each form (you can use the USCIS’s fee calculator to help you determine the correct fees).

5. Attend Your Application Support Center Appointment

After receiving your Form I-485, the USCIS will mail you appointment details, including the date, time, and location. At this appointment, you’ll get your fingerprints and a photograph taken as well as an eye scan, which is why this appointment is often referred to as your “biometrics appointment.” You’ll also be required to supply your signature.

These appointments are relatively straightforward as the goal is to cross-check your fingerprints, eye scans, and photographs against the FBI and the Department of Homeland Security’s databases for immigration or criminal violations.

The USCIS provides additional resources prepare for your biometrics appointment. Of course, you may also connect with a qualified immigration attorney to help you through the application and biometrics steps.

6. Go to Your Interview

Next, you will be interviewed by an USCIS officer, unless the USCIS itself waives this requirement (which is made on a case-by-case basis). If an interview is necessary, the USCIS will send you a notice with the interview date, time, and location.

The interview permits the USCIS to verify certain essential information about the applicant to determine your adjustment eligibility. You’ll need to bring a copy of your Form I-485 application along with all supporting documentation to the interview (including your passport or other travel documents).

During the interview, the USCIS officer will verify that the applicant understood the application and/or petition. Additionally, the applicant is permitted to revise their responses. Any unanswered questions or incomplete answers are clarified during the interview process. If any questions are revised, then the applicant will be asked to re-sign and date the application at the end of the interview.

7. Provide Additional Evidence If Requested

The USCIS may request additional evidence and documentation from you if:

• You did not submit all required information;
• Your evidence is no longer current or valid;
• The USCIS officer determines that they need additional information to determine your eligibility for your adjustment of status.

If the USCIS determines that it needs additional information from you, they will send you a notice as to what evidence is needed, where to send the evidence, and the deadline for your response. If you do not respond timely (or completely), the USCIS may deny your Form I-485.

Not all applicants will need to submit additional evidence. This is determined on a case-by-case basis.

8. Check the Status of Your Case

Once you provide any additional evidence or clarification on your application, then it’s time to wait. However, you can check the status of your case online, or you can call the USCIS Contact Center at 1-800-37-5283.

If you have a hearing or speech disability, you can contact TTY 800-767-1833. Be prepared to provide specific information about your Form I-485 application, such as your receipt number, date of birth, or A-Number.

9. Receive Your Written Decision

Finally, the last step in the adjustment of status process is receiving your written decision from USCIS. Once USCIS reviews all of your information – including your application, submitted evidence, and interview responses – you will receive a written decision. You’ll typically receive your decision within 90 days of your interview.

If your application is approved, then you will generally receive an approval notice and then, later, your Permanent Resident Card (Green Card). As a Green Card holder, you can now work and live across the United States, travel abroad and return to the United States without hassle, and eventually pursue a path to U.S. citizenship.

If your application is denied, then the decision notice will list the reasons for the denial. Typically, you cannot appeal a denial of an adjustment of status application. However, you may file a motion to reopen or reconsider the decision by filing a Form I-290B, Notice of Appeal or Motion.

An experienced immigration attorney can help you understand your options if you receive a denial notice.

A Word of Caution: Understanding the 90-Day Rule

When you’re applying for an adjustment of status, you need to be careful not to trigger the 90-day rule. This rule refers to a presumption that a nonimmigrant visa holder willfully misrepresented their status when the nonimmigrant entered the United States and then engaged in conduct inconsistent with their immigrant status within 90 days of entering the United States.

For example, the 90-day rule states that nonimmigrant visa holders who marry U.S. citizens or lawful permanent residents within 90 days of arriving in the United States are automatically presumed to have violated this rule, thus misrepresenting their intentions. Another example that could trigger this 90-day rule is getting employed unlawfully.