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The Basics of an Adjustment of Status

What is an Adjustment of Status?

An adjustment of status is the process that an immigrant may use to apply for lawful, permanent resident status when they are physically in the United States. Through this process, an immigrant may avoid going back to their home country to complete the visa process to receive a Green Card.

Who May Be Eligible for an Adjustment of Status?

If any of the following circumstances applies to you, you may be eligible to adjust your status to permanent resident stratus:

  • You have an approved family based immigrant visa petition;
  • You have an approved employment immigrant visa petition
  • You were admitted to the united states as the fiancé of an Untied States citizen with a K-1, and you married the U.S. citizen within 90 days of the date you entered the United States.
  • You are an asylee or a refugee who has been in the United States for at least one year after being given asylee or refugee status, or as the spouse or child an asylee or refugee
  • You have won a Green Card in the Green Card Lottery;
  • You were a resident of the United States since January 1, 1972

Who May Be Ineligible for an Adjustment Status?

Under certain circumstances, you may be ineligible for an adjustment status. Some of those circumstances may include:

  • The individual entered the U.S. without a visa;
  • The individual entered the U.S. as a non-immigrant crewman;
  • The individual was not admitted or paroled after an inspection by an immigration officer;
  • You were admitted on a K-1 finance visa but never married the U.S. citizen
  • The individual is already a conditional permanent resident.

If you have any questions or concerns regarding your eligibility for an adjustment status, you may want to contact an immigration attorney to help you understand your rights.

If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance