Adjustment of status is a procedure by which foreign nationals who are already living in the U.S. may apply for Lawful Permanent Resident status.
This status is typically applied for by someone who is in the U.S. illegally, for a number of reasons, including having overstayed their visa. Adjustment of status allows that person to apply for a green card without having to return to their country of origin and restart the residency application process.
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There are numerous categories of persons who are eligible to apply for (not necessarily receive-this will be determined by a variety of factors during the application process) adjustment status. Some of these categories are:
The following are some of the categories of people who are ineligible:
In some cases, even if a person falls into one of the ineligibility categories, they will still be eligible to apply for adjustment of status because of their connection to someone in the U.S. For example, such a person who has an immediate relative who is a U.S. citizen can still be eligible.
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Those wishing to apply must fill out the proper form, I-485. Other forms and documentations will likely be required, including a medical exam certificate, passport-style color photos and any necessary fees. The applicant must also provide proof of their eligibility for permanent resident status, for example, the certificate from their marriage to a U.S. citizen.
A local immigration lawyer can assist you with understanding immigration laws, completing the application process correctly, meeting any deadlines and with possibly improving your chances of gaining permanent resident status via a complex process.
Last Modified: 05-16-2018 10:06 PM PDTLaw Library Disclaimer
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