1. What documents are needed to submit an adjustment of status petition?

To submit an adjustment of status petition, the documents needed include:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Form I-765, Application for Employment Authorization;
• Form I-131, Application for Travel Document;
• Two passport-style photos;
• Proof of eligibility for adjustment of status (such as a valid visa or employment authorization document);
• Evidence of the family relationship between the petitioner and beneficiary (marriage certificate, birth certificate, etc.);
• An affidavit of financial support (Form I-134);
• Copies of any past visas or entry documents;
• A medical examination (Form I-693);
• Evidence of the beneficiary’s admissibility (such as criminal background checks and any related documents); and
• The filing fee.

2. What is the process for applying for an adjustment of status?

The process for applying for an adjustment of status includes filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form can be found on the U.S. Citizenship and Immigration Services website. In addition to the form, applicants must submit proof of eligibility to adjust their status, including proof of legal entry into the U.S., proof of any applicable work authorization or parole, and evidence of a qualifying family relationship or job offer from a U.S. employer. Applicants must also pay the required filing and biometric fees, complete a medical examination and provide other evidence that may be requested by USCIS. Once the application is complete, USCIS will review it and decide whether to grant or deny the adjustment of status.

3. What is the difference between an immigrant visa and an adjustment of status application?

An immigrant visa is a document that allows a foreign national to travel to the United States and be admitted as a Lawful Permanent Resident. An adjustment of status application is a petition filed by a foreign national who is already in the United States and wishes to be granted permanent residence.

4. How much does it cost to file an adjustment of status application?

The filing fee for an adjustment of status application (Form I-485) is $1,225. This fee is subject to change, so it’s important to check the official U.S. Citizenship and Immigration Services (USCIS) website for the most up-to-date fee information.

5. How long does it take to get an adjustment of status approved?

The amount of time it takes to get an adjustment of status approved can vary greatly and depends on a number of factors, such as the type of visa applied for, the individual’s particular circumstances, and the availability of resources at the U.S. Citizenship and Immigration Services office. Generally, processing times can range from a few months to several years.

6. Can I work while my adjustment of status application is pending?

Yes. During the adjustment of status process, you may work in the U.S. after USCIS approves your Form I-765, Application for Employment Authorization.

7. What happens if my adjustment of status application is denied?

If your adjustment of status application is denied, you may be subject to removal proceedings. Depending on your immigration status and other factors, you may be able to appeal the denial or seek relief from removal. It is important to speak with an experienced immigration attorney to further discuss your situation and determine what options are available to you.

8. Are there any special requirements for family-based immigrants seeking to adjust their status?

Yes, there are special requirements for family-based immigrants seeking to adjust their status. These requirements include proof of the family relationship between the petitioner and the immigrant, proof of lawful entry into the United States, and evidence that the immigrant is eligible to adjust status. Additionally, the applicant must submit an Application for Adjustment of Status Form I-485, biometrics (photograph and fingerprints), a medical examination, and any other supporting documentation.

9. What documents do I need to include in my adjustment of status packet?

Your adjustment of status packet should include the following documents: Form I-485, Application to Register Permanent Residence or Adjust Status; Form I-130, Petition for Alien Relative; Form I-864, Affidavit of Support; Form I-693, Report of Medical Examination and Vaccination Record; Form I-765, Application for Employment Authorization; Two passport-style photographs of yourself; a copy of your current valid passport and other identification documents; copies of your birth certificate and marriage certificate (if applicable); copies of all previously issued visas and admission documents; evidence of your current lawful status; any documents showing any name change that has occurred since the issuance of your passport; evidence of continuous residence in the U.S. for the past five years; police certificates from countries you have lived in for more than six months within the last five years; and a check or money order for the filing fee.

10. Can I travel while my adjustment of status application is being processed?

Yes, you can travel while your adjustment of status application is being processed, but you must carry certain documentation with you. This includes your passport, valid visa, and Advance Parole document (if applicable). It is important to note that leaving the U.S. while an adjustment of status application is pending could be seen as an abandonment of the application, so it is important to consult with an immigration attorney before travelling.

11. Who can sponsor me for an adjustment of status?

A sponsor for an adjustment of status must be a U.S. citizen or a lawful permanent resident.

12. What types of family relationships are eligible for an adjustment of status application?

Adjustment of status applications can be used by certain family members who are already in the United States and are seeking a green card. Eligible family relationships include spouses, children, parents, and siblings of U.S. citizens, as well as spouses and children of green card holders.

13. How do I check the status of my Adjustment of Status application?

You can check the status of your Adjustment of Status application at the USCIS website. You will need to provide your Alien Registration Number or your Form I-485 Receipt Number to receive an update on the status of your application. Additionally, you can contact the USCIS Customer Service Center for assistance at 1-800-375-5283.

14. Are there any restrictions on how long I can stay in the U.S. after adjusting my status?

The length of stay is typically determined by the type of visa class and the duration of the approved Petition for Alien Relative or the approved Application to Register Permanent Residence. Typically, permanent residents are granted an initial period of stay of two years in the US, but may be eligible for extensions of stay if they continue to meet certain eligibility requirements.

15. Do I need to attend an interview in order to obtain an adjustment of status?

Yes, in most cases. Depending on the type of adjustment of status application you are filing, you may be required to attend an interview at a local USCIS office. You should speak with a qualified immigration attorney to determine if an interview is required for your particular situation.

16. Can a criminal record impact my ability to obtain an adjustment of status?

Yes, a criminal record can absolutely impact your ability to obtain an adjustment of status. Depending on the crime, you may be deemed inadmissible and ineligible for a green card.

17. Are there any time limits on filing an Adjustment of Status application?

Yes, there are time limits and they vary based on your particular situation. Generally, you must submit your Adjustment of Status application within 180 days of the date you became eligible to file. This 180-day period begins when any applicable family- or employment-based visa becomes available for your priority date or when you adjust status based on a qualifying event such as marriage or asylum.

18. Can I adjust my status if I entered the U.S. unlawfully?

No, you cannot adjust your status if you entered the U.S. unlawfully. You must first depart the U.S. and obtain a valid visa in order to apply for an adjustment of status.

19. Can I adjust my status if I entered the U.S. with a visa waiver program?

No, unfortunately the visa waiver program does not allow for a change of status. You may be eligible to adjust status if you meet other criteria and have a valid immigrant petition on file with the U.S. Citizenship and Immigration Services (USCIS).

20. Is there a minimum income requirement for adjusting status through family-based immigration?

Yes, there is a minimum income requirement for adjusting status through family-based immigration. To be eligible, the sponsor must have an income at least 125% of the poverty line for their household size.