Adjustment of Status - Eligibility and Process

Eligibility
Certain foreign nationals who have been inspected and admitted or paroled into the U.S., and meet eligibility requirements may Adjust Status to that of a Permanent Resident while in the United States. Additionally, certain categories of noncitizens who qualify under Section 245(i) of INA may also adjust status.

Ancillary Benefits
Applicants may enjoy certain ancillary benefits while their application is pending, such as Employment Authorization and Permission to Travel Abroad (Advance Parole).

Process
The application is made on Form I-485, Application to Register Permanent Residence or Adjust Status. Immediate Relatives of USC may file Form I-485 concurrently with Form I-130. Subsequent to filing, the applicant is typically required to attend a Biometrics Appointment, followed by an Adjustment Interview at the USCIS district office.

Upon approval of the application, a Permanent Resident Card will be mailed to the applicant’s address. In the interim, the applicant may obtain an I-551 temporary stamp in his/her passport at the nearest USCIS district office. The stamp is generally valid for one year.

A Two-Year Conditional Resident Status is imposed on LPRs who obtained their status based on a marriage with a U.S. citizen that occurred within two (2) years of adjusting to permanent resident in the U.S. or entering the U.S. as a permanent resident following a consular process.

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Adjustment of Status - Eligibility and Process