The process of acquiring a green card without exiting from the U.S. is known as adjustment of status. If you are an immigrant and can adjust your status, then you one of the lucky few who can go about their business in the U.S. as their status is being adjusted.
The Importance of Eligibility Status Adjustment
Notwithstanding your eligibility for adjustment of status, the underlying provisions of law for green card eligibility are more important because they will determine whether one must apply for waiver in conjunction with an application for adjustment of status or if one is needed at all.
A waiver will only be available if there is an extreme hardship associated with a “qualifying family member”. Unfortunately, not every family member qualifies as a “qualifying relative” for purposes of the waiver application. Talk to our attorneys to see if you would qualify as a “qualifying relative.”
The importance of the eligibility of status adjustment is that the applicant does not have to exit the U.S. to adjust his or her status to that of a permanent resident. This means that the risk of bar upon return is non-existent.
When Can A Green Card Applicant Invoke the Adjustment of Status?
Getting adjustment of status doesn’t just happen. You must satisfy the provisions of Section of 245 of the INA (Immigration and Nationality Act). Its provisions are as follows:
- You must be a lawful permanent resident in the U.S. through a U.S. employer or a family member who is either a permanent resident or a US citizen. You can also gain lawful permanent resident status after acquiring refugee status or asylum for 1 year before trying to invoke adjustment status.
- You must have an eligibility through family or employment, which also means that you have approved visa application using Form I-130 or I-140 on your file. Your priority date must also be the current date. A Priority date is applicable to preference category immigrants whose visas have annual limits and must therefore have their visa with them before applying for green card.
- For those who entered the US on K-1 visa (fiancé visa), you must have married the individual who petitioned on your behalf to get the visa within 90 days of arrival.
- For those whose adjustment status is dependent on refugee or asylum status, a period of one year must have elapsed since you were granted entry into United States as a recognized refugee.
- To qualify for adjustment status, you must be domiciled in the U.S.
- You will not qualify for adjustment status if you entered the U.S. under Visa Waiver Program (VWP) or Transit Without a Visa (TWOV) as a foreign crewman.
With the Konare Immigration Lawyers, you have the expertise that you will need to navigate the application for adjustment of status process.