Adjustment Of Status

Adjustment of Status is a process used by individuals who are already in the U.S. to obtain the “green card” or lawful permanent resident status. Certain nonimmigrants, refugees and asylees and certain parolees are eligible to file Adjustment of Status if they qualify for certain green card categories.

To find out if you are eligible for a green card, check out 11 Ways To Get A U.S. Green Card: Family, Employment & Marriage Based (visapro.com).

If eligible to file for Adjustment of Status in the U.S., you must submit Form I-485, Application to Register Permanent Residence or Adjust Status, with the correct fees and mail it to the appropriate filing address.

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Check My Eligibility

Yes, those filing the Form I-485 can also file the Form I-765, Application for Employment Authorization to obtain an Employment Authorization Document (“EAD”), also commonly known as the work permit. The EAD or work permit will allow you to work in almost any industry. It will also allow you to obtain a Social Security Number and other benefits.

Remember: Once you have the green card, you no longer need a work permit. Lawful Permanent Residents have the right to live and work in the U.S. permanently.

Yes, those filing the Form I-485 can also file the Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records to obtain an Advance Parole or travel permit in order to travel outside the U.S. The Advance Parole is essentially advance permission to re-enter the country after a temporary trip abroad.

In the context of Adjustment of Status, those with a pending I-485 must have an approved Advance Parole before leaving the county. Failure to obtain to obtain Advance Parole before leaving the country will result in the abandonment of your Form I-485 and you may also be prevented from re-entering the U.S.

Note: Those in valid H-1B/H-4 and L-1/L-2 status may be able to travel outside the U.S. without an Advance Parole.

Once you file your Form I-485, there are several ways you can check the status of the application:

1. Check out VisaPro’s My US Visa Status tool
2. Check on U.S. Citizenship & Immigration Services’ website at Case Status Online – Case Status Search (uscis.gov)
3. Log into your MyUSCIS account

If your I-485, Adjustment of Status application is denied, you have several options. The most common options include:

1. File the Form I-290B, Notice of Appeal or Motion
   You can file a Motion to Reopen or a Motion to Reconsider the denial decision. A Motion to Reopen is filed when you have new evidence to present to USCIS about your eligibility. A Motion to Reconsider is filed if you believe that USCIS applied the law or policy improperly or incorrectly. Generally, the Form I-290B must be filed within 33 days of the receipt of the decision.Note: Filing a Form I-290B does not stop unlawful presence or unlawful status from accruing.
2. If you have maintained valid underlying status and, if you continue to be eligible, you can re-file the Adjustment of Status application after it is denied.
3. If you are unable to re-file the Adjustment of Status, you may be still be eligible to obtain a green card through the immigrant visa process at a U.S. consulate via consular processing. You may be able to file the Form I-824 to transfer your immigrant petition to a consulate abroad.
   Note: A denial of the Adjustment of Status may subject you to being put into immigration proceedings to be “removed” from the U.S. While this does not happen often, it is imperative you speak with an immigration as soon as your Adjustment of Status is denied to review your options

Under U.S. immigration laws, a “child” is defined as someone who is unmarried and under 21 years old.

In certain instances, once a child turns 21, they may no longer be eligible to file for Adjustment of Status and is said to have “aged out”.

The Child Status Protection Act or CSPA was created to protect children from aging out, which was primarily due to delays caused by immigration backlogs.

The children of U.S. citizens are considered “immediate relatives” and as such, are not subject to any quotas. Under the CSPA, if you are a U.S. citizen and you file a Form I-130, Petition for Alien Relative, on behalf of your child before the child turns 21, your child will continue to be considered a child for immigration purposes (in other words, be “locked in”) regardless of how long it takes USCIS to process the Adjustment of Status application.

Under the CSPA, if you are a lawful permanent resident and you file Form I-130, Petition for Alien Relative on behalf of your child before the child turns 21, but the child turns 21 before the petition is approved, a special formula will need to be used to determine if the applicant’s age has been “locked in” at under 21 once the petition is approved.

If the applicant’s age has been “locked in” at under 21 using the CSPA formula, that child can go on to file for Adjustment of Status.

When filing for Adjustment of Status as a Beneficiary of an employment-based immigrant petition (Form I-140) or certain family-based immigrant petition (Form I-130), your spouse and children under 21 are eligible to file for Adjustment of Status as “derivative beneficiaries”. CSPA protects derivative children from aging out just like it protects the children of lawful permanent residents. Once a petition is approved and an immigrant visa number is available, a formula needs to be used to determine if any children who have turned 21 are protected by CSPA.

The Immigration and Nationality Act is the law that governs the admission of immigrants to the U.S. For the part of the law concerning Adjustment of Status. please see INA § 245. The specific eligibility requirements and procedures for applying to adjust status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.1, et seq