Introduction
Adjustment of status is a process by which certain individuals who are already in the United States can apply to change their immigration status to that of a lawful permanent resident, also known as a green card holder. This process allows eligible individuals to become permanent residents without having to leave the country. It is a crucial step for those seeking to make the United States their permanent home.
Eligibility for Adjustment of Status
In order to be eligible for adjustment of status, an individual must meet certain requirements set by the U.S. Citizenship and Immigration Services (USCIS). The most common way to qualify for adjustment of status is through a family-based petition or an employment-based petition. Additionally, individuals who have been granted asylum or refugee status may also be eligible to apply for adjustment of status.
Family-Based Petition
For those applying for adjustment of status through a family-based petition, the petitioner must be a U.S. citizen or a lawful permanent resident who is sponsoring the applicant. The relationship between the petitioner and the applicant must meet the requirements set by USCIS in order to qualify for adjustment of status.
Employment-Based Petition
Individuals applying for adjustment of status through an employment-based petition must have an approved immigrant visa petition from their employer. The employer must demonstrate that there are no qualified U.S. workers available to fill the position and that the individual meets the qualifications for the job.
Process of Adjustment of Status
Once an individual determines their eligibility for adjustment of status, they must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. Along with the form, applicants must provide supporting documents such as proof of identity, proof of lawful entry into the United States, and proof of eligibility for adjustment of status.
Biometrics Appointment
After filing Form I-485, applicants will be scheduled for a biometrics appointment where their fingerprints, photograph, and signature will be collected for background checks. This appointment is crucial for USCIS to verify the identity of the applicant and conduct necessary security checks.
Interview
In some cases, applicants may be required to attend an interview with USCIS to discuss their application for adjustment of status. During the interview, the applicant will be asked questions about their eligibility and reasons for seeking permanent residency in the United States. It is important to prepare thoroughly for the interview and bring all necessary documents.
Benefits of Adjustment of Status
There are numerous benefits to obtaining adjustment of status in the United States. One of the most significant benefits is the ability to live and work in the country permanently without the need for a visa or re-entry permit. Permanent residents also have the opportunity to travel outside the United States and return without jeopardizing their status.
Path to U.S. Citizenship
Another major benefit of adjustment of status is the ability to eventually apply for U.S. citizenship. Permanent residents have the option to naturalize after meeting certain requirements such as residing in the United States for a specified period of time and demonstrating good moral character. Citizenship provides additional rights and benefits, including the right to vote and hold public office.
Conclusion
Adjustment of status is a crucial process for individuals seeking to become lawful permanent residents in the United States. By meeting the eligibility requirements and completing the necessary steps, applicants can achieve their goal of living and working in the country on a permanent basis. It is important to consult with an experienced immigration attorney to navigate the complex process of adjustment of status and ensure a successful outcome.