Most immigrants who come to the United States to study or work hope to obtain a green card. Once in America, those with temporary or conditional resident status must petition to transfer their temporary status to be eligible for a Green Card.

Adjustment of Status is a critical process that allows eligible noncitizens living in the United States to transfer from their current immigration status to Lawful Permanent Resident (LPR) status without leaving the country. This procedure is critical for those who want to become permanent residents but prefer avoiding the complications and costs of consular processing abroad.

Pathways to Lawful Permanent Residence

There are two basic ways to obtain Lawful Permanent Resident status. The first option is consular processing for noncitizens currently residing outside the United States. These people must have a valid immigration petition, such as a family- or employment-based petition. With this approval, people can apply for an immigrant visa at a United States consulate in their home country. Once the visa is approved, they can enter the United States as LPRs, provided they meet all admission conditions.

The second pathway, the focus here, involves Adjustment of Status (AOS). This process is open to noncitizens who are already in the United States and have an authorized immigrant petition. Adjustment of Status enables these individuals to apply to USCIS (U.S. Citizenship and Immigration Services) to convert their status to that of an LPR without leaving the United States.

Benefits and Responsibilities

Obtaining LPR status through Adjustment of Status offers several substantial advantages. As an LPR, an individual can live and work continuously in the United States, receive some government benefits, and be protected by US laws. LPRs can also petition for close family members to be granted permanent residency and, after completing residency and other conditions, seek for US citizenship.

However, LPRs have certain responsibilities. They must follow all US laws, file income tax returns, support the democratic government, and, if male and aged 18 to 25, register with the Selective Service. Failure to meet these conditions may risk their LPR status.

In essence, Adjustment of Status makes it easier for those who are currently in the United States to become permanent residents, promoting their absorption into American society and paving the road for US citizenship.

The Adjustment of Status Process

Eligibility: To file for Adjustment of Status, the applicant must be in the United States legally and have an approved immigrant petition. This petition could be based on family status, work, or another qualifying category. Furthermore, the applicant must be entitled to alter status under the terms of US immigration law, including meeting health, security, and criminal background checks.

Filing the Application: Once eligible, the applicant submits Form I-485, Application to Register Permanent Residence or Adjust Status, to USCIS. This application comprises a variety of supporting documents, including proof of the accepted immigrant petition, evidence of authorized admission into the United States, and documentation demonstrating that the applicant is not inadmissible.

Biometrics and Interviews: Following filing, the applicant may be asked to attend a biometrics appointment to give fingerprints, pictures, and signatures for background checks. In rare situations, an interview with a USCIS officer may be required to verify the information contained in the application.

Decision: USCIS will assess the application, conduct any necessary background investigations, and reach a decision. If granted, the applicant will receive a Green Card, providing them Lawful Permanent Resident status.