An adjustment of status, or form I-485, allows those in the United States on specific visas to get a “green card” or become a lawful permanent resident, without returning to their home country. Essentially, an adjustment of status changes your status from your current visa to a green card.
Adjustment of status
An adjustment of status, or form I-485, allows those in the United States on specific visas to get a “green card” or become a lawful permanent resident, without returning to their home country. Essentially, an adjustment of status changes your status from your current visa to a green card.
Understanding the eligibility requirements for an adjustment of status and completing the process can be confusing, even if you have a native citizen to help guide you. Our immigration attorneys can answer your questions about adjustments of status and give you the highest chance of success.
Eligibility for an adjustment of status
In order to be eligible for an adjustment of status, you must meet several criteria, including:
- You must be currently in the United States and not abroad
- You must have arrived in the United States as a non-immigrant, but not without a visa
- You must meet one of the categories listed in the next section
There are also several things that you must not have done in order to remain eligible for an adjustment of status. For example, you must not have committed certain crimes or entered as a non-immigrant crewman. Those are just two examples of many. Contact Poarch Thompson Law today to make sure you are eligible for an adjustment of status.
What types of green card applicants can use the adjustment of status procedure?
There are several types of green card applicants who can use the adjustment of status procedure.
- Family members of U.S. citizens who have an approved form I-130 or petition for an Alien Relative
- Spouses of U.S. citizens who had a K-1 visa to enter the United States and then used an approved form I-129F after their marriage
- Employees of U.S. companies who have an approved form I-140 or an Immigrant Petition for Alien Worker
- Those with asylum or refugee status who have lived in the United States for a year
- Those who have a Diversity visa, who won a visa in the Green Card Lottery
- Registry applicants or those who have lived in the United States since before January 1, 1972 (and who have never lived elsewhere)
If you fall out of status for your work petition, you may no longer be eligible for an adjustment of status. If you did not marry or were divorced from your sponsoring spouse, you are not eligible for an adjustment of status.
An immigration attorney can help you determine if you are eligible to get an adjustment of status or what paperwork you and your children need to file in order to do so.
How much is the adjustment of status fee?
Currently, the fees for this process are:
- $1,140 filing fee
- $85 biometrics fee
- An additional fee if you have a disqualifying condition and need a waiver
Adjustment of Status vs. Consular Processing
If you are not currently in the United States, you are not eligible for an adjustment of status. Instead, you may become a lawful permanent resident or get a green card through a procedure called consular processing. You may have better odds if you try one process over the other. It is best to speak with an immigration attorney to determine which is the best course of action for you.
Useful links for adjustment of status
How can Poarch Thompson Law help?
Poarch Thompson Law can help with every step of the process as you seek an adjustment of status. We can ensure you complete every form correctly and lawfully to ensure that you have the best chance of having your adjustment of status approved. Reach out to us today.
The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.
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