For many immigrants, the United States offers a path to legal residency through an adjustment of status (AOS). This process enables eligible individuals already residing in the U.S. to apply for lawful permanent resident (LPR) status without needing to travel back to their home country for visa processing.
Understanding whether you qualify for an AOS is crucial, as the process can be complex and governed by strict eligibility criteria.
Eligibility for adjustment of status
To be eligible for an adjustment of status, you must be physically present in the U.S. If you are outside the U.S., the green card application can be pursued through consular processing instead.
Additionally, you will need a qualifying petition, which can be based on:
- Family sponsorship
- Employment
- Refugee status
- Asylum status
Examples of qualifying petitions can include being sponsored by an immediate relative who is a U.S. citizen, such as your spouse, parent or unmarried children under 21.
You might also qualify for AOS under an employment-based petition if you work in a high-demand profession. In this case, your employer can be your sponsor if you meet the educational or skill requirements.
Lastly, you can petition under refugee or asylee status one year after you have been granted refugee or asylum status.
What disqualifies you from adjustment of status?
Suppose you entered the U.S. without proper documentation; you may have a hard time adjusting your status. You might also struggle to adjust your status if you have previously violated immigration regulations such as:
- Overstaying your visa
- Misrepresenting yourself on immigration applications
- Working without authorization
However, having relatives who are U.S. citizens might give more leniency in this area.
Adjustment of status can be a valuable path to permanent residency for eligible immigrants already in the United States. Still, confirming that you meet all the criteria is important to avoid potential disqualifying factors. If you are unsure about your eligibility, enlisting dedicated legal help can clarify your situation and guide you through the process.