Adjustment of Status

Adjustment of status refers to the procedure for becoming a lawful permanent resident (receive a Green Card) without leaving the United States.

Benefits of Adjusting Status

Some of the benefits of adjusting status are:

1.  Applicants are legally permitted to stay in the United States while the petition is being processed and an immigrant number is being obtained

2.  Applicants may legally work and obtain employment authorization while the application is pending

3.  In certain situations it is possible to apply for a Green Card together with the application for Adjustment of Status

4.  A police clearance is not required to support the application

5.  A potential denial or negative outcome of the application may be appealed while the applicant remains in the United States

6.  Eligible applicants for “Adjustment of Status” do not have to travel abroad to obtain the immigrant visa

Adjustment of Status after entry on a Fiance visa (K-1 visa)

If you entered the U.S. on a Fiance visa (K-1 visa) you can apply for an adjustment of status after you marry your Fiance visa sponsor.  Your marriage must take place within 90 days of the date you entered the U.S.  If you did not marry your Fiance visa sponsor, you cannot adjust your status to permanent resident.

Adjustment of Status for Refugees and Asylees

If you are a refugee, you can apply for an adjustment of status one year after your admission to the U.S. as a refugee.  As an asylee, you can file for adjustment of status one year after you have been granted asylum in the U.S. if you have been physically present in the United States for one year after the grant of asylum.  There is no government filing fee for refugees and asylees who apply for green cards.

For more information on Adjustment of Status or applying for a Green Card, please see our Adjustment of Status Frequently Asked Questions.  To find out whether you are eligible to adjust status, contact our immigration lawyer.