Adjustment of status is the process where you can become a Lawful Permanent Resident (LPR) without leaving the United States (U.S.) once a visa is available and their priority date is current.
Eligibility: You may be able to adjust status if you meet the following criteria:
- Physically present in the U.S.
- An immigrant petition has been approved for you
- An immigrant petition is immediately available based on an approved immigrant petition (such as an employment based petition Form I-140, or family approved Form I-130 petition) or
- You are filing the petition with a relative petition, an immigrant special petition or special military petition, which if approved would make an immigrant visa immediately available to you
- You have entered the U.S. lawfully
- Are not statutorily barred from adjusting status
Aliens that meet the above listed criteria are not automatically eligible for adjustment of status. Aliens will not be able to adjust their status in the U.S. if they are statutorily bared from adjustment.
Who May Apply:
- Adjustment of Status For Spouse Or Children: At the time a principle applicant is filing for Adjustment, their spouse or children, referred to as derivatives, who are residing abroad or in the U.S. can file for adjustment as well.
- Fiancé Who Then Marries A U.S. Citizen: If you were admitted into the U.S. under as the fiancé of a U.S. Citizen (USC) under a K- visa (fiancé visa), and then married the USC fiancé within 90 days of entry, you may apply to adjust status to become an LPR. If you were a child of the above mentioned fiancé visa, you may apply to adjust status based on your parents application.
- Asylum: If you were granted asylum in the U.S. and have been physically present in the U.S. for one year after asylum was granted, you may apply to adjust status if you still qualify as an asylee or are the spouse of child of a refugee.
- Refugee: If you were admitted as a refugee and have been physically present in the U.S. for one year and your status has not been terminated, you may apply to adjust status.
- Cuban Citizenship/Nationality: If you are a native/citizen of Cuba, were admitted or paroled into the U.S. after January 1, 1959 and have been physically present in the U.S. for a year you may apply for adjustment of status. If you are the spouse or unmarried child of a Cuban as set forth above, you were admitted or paroled after January 1, 1959 and have been physically present in the U.S. for at least one year you may also be eligible to apply for adjustment of status. This is true regardless of your nationality.
- Continuous Residence prior to January 1, 1972: If you have continuously resided in eh U.S. since prior to January 1, 1972, you may apply to become an LPR in a process known as the registry.
- Changing Date when Permanent Residence Began: If you were granted permanent residence prior to November 6, 1966 and were a native/citizen of Cuba or the spouse/unmarried child of such an individual, you may ask USCIS to change the date your LPR status began to your date of arrival in the U.S. or May 2, 1964, whichever is later.