Adjustment of Status Process

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What is Adjustment of Status?

Adjustment of Status is a process of applying for a green card within the U.S.

A foreign national applying for family-based permanent residence in the U.S. is called “Beneficiary”.

Beneficiaries applying for permanent residence in the U.S. will often need to weigh processing an immigrant petition via consular processing or through adjusting status in the United States.

If beneficiaries live outside the United States and do not possess a valid nonimmigrant visa (for example, a tourist or student visa), the only option available for them is “Consular Processing”.

Consular processing means that the applicant will complete their immigrant visa application process abroad, usually in their home country.

Consular processing results in an issued immigrant visa which is used to enter the U.S. as an immigrant.

But for the many people living in the United States who are eligible for Adjustment of Status, it’s not always an easy choice.

If the beneficiary is eligible for both options, there are advantages and disadvantages to consider.

Advantages of Adjustment of Status

The main advantage to adjusting status in the United States is the convenience of being able to process everything from within the United States.

An adjustment applicant may also apply for employment authorization while the adjustment application is pending.

If the employment authorization document is issued, the applicant is able to begin working months sooner than would be the case if they pursued consular processing.

Disadvantages of Adjustment of Status

Beneficiaries adjusting status in the U.S. need to seek an advance parole document in order to travel outside of the United States while the adjustment application is pending.

If a beneficiary with a pending Adjustment of Status leaves the U.S. without an advance parole document, they will be considered to have abandoned the adjustment application and may not be readmitted to the United States.

The applicant must remain in the United States while the advance parole application is pending.

USCIS processing times have increased in recent years, and an expedite on an advance parole application has become almost impossible to obtain.

Adjustment of status is also the best way to successfully obtain a green card for immediate relatives who have immigration status violations.

Examples of immigration violations: visa overstay and unauthorized employment

Keep in mind that an unlawful entry can’t be excused.

Adjusting status can be a better option for you because Adjustment of Status denials may be appealed either to the USCIS Administrative Appeals Office using Form I-290B or by going to federal court.

If your immigrant visa application was denied by a U.S. Embassy, such denials are difficult to appeal.

Consular processing is a better option for beneficiaries who need flexibility to travel in and out of the United States.

During the COVID-19 pandemic consular processing times have increased significantly.

For example, it can take up to 2-3 years to complete the consular processing even for immediate relatives of U.S. citizen

What are the Adjustment of Status requirements?

Before applying for Adjustment of Status in the U.S., you must meet the following general requirements:

You are eligible for a green card through a sponsor (family member, employer, etc.)
Visa number is “current”
You entered the U.S. lawfully and were inspected by immigration officials

Adjustment of Status requirements depend on your immigration category.

We recommend consulting with an immigration attorney before filing an Adjustment of Status application to avoid denial and possible deportation.

Note: spouses and children under 21 of permanent residents physically present in the U.S., must first get Form I-130 approved before applying for Adjustment of Status. Filing I-130 form does not authorize you to stay in the U.S. and you must maintain lawful nonimmigrant status while Form I-130 is pending.

You can find more detailed information on Adjustment of Status eligibility requirements here.

90 Day Rule

Before submitting your Adjustment of Status application, you must check if the 90 Day Rule applies to you.

If you entered the U.S. on a nonimmigrant visa (for example, B-1/B2, F-1, J-1, etc.), you cannot apply to adjust your status in the first 90 days.

Exceptions: K-1, H-1B, L-1, O-1, E-2 (with some limitations).

You can learn more about the 90 Day Rule in our guide.