Applying For adjustment of status (Green Card)

There are two paths to permanent resident status or to a green card:

Adjustment of status allows an eligible applicant to apply for permanent resident status while remaining in the U.S.
Consular processing is a process through which a foreign-citizen applicant applies for a visa and enters the United States as a permanent resident.

In some cases, an applicant that is in the U.S. and is not eligible to adjust in the U.S. will be able to go back to his or her country to go through consular processing. However, he or she might be subject to the 3 and 10-year immigration bar.

Table of Contents

Steps for adjustment of status

1. Determining qualification

Determine the basis for the adjustment of status: family-based, employment-based, investor, asylum seeker, special immigrant status, etc.

2. Determining eligibility

As a general rule, an applicant for adjustment of status must:

Have been legally admitted into the U.S.
Must be physically present in the U.S.
Must not have engaged in unauthorized employment.
Must continue to maintain legal immigration status.
Must have an immigrant visa immediately available to him or her.

If an immigrant has been out of status or is in “unlawful status”, then he or she can not adjust status. However, there are a few exceptions and a competent immigration attorney may be able to help. Some examples are:

An immediate relative of a U.S. citizen such as a parent, spouse, or unmarried child under 21 may still apply for an adjustment of status even if he or she is out of status or has engaged in unauthorized employment.
Filing for asylum does not require a legal immigration status as long as the applicant meets the criteria for asylum and files within one year of entry into the U.S.
Employment-based immigrants who have been out of status for no more than 180 days in the U.S. are still eligible to adjust.
Applicants that qualify to file under Violence Against Women Act (VAWA) can adjust even without legal immigration status. VAWA can also be filed by men.
An applicant that was the beneficiary of a labor certification application; an immigrant visa petition by a relative; or an immigrant petition for an alien worker that was filed on or before April 30, 2001, can adjust status through 245(i) even without legal immigration status.

3. File the immigrant petition

When the applicant knows which category best fits his or her situation, the petitioner will file the petition. These are some of the categories one can file under:

Family-based categories require that a U.S. citizen or permanent resident relative file Form I-130, Petition for Alien Relative. If the beneficiary is a spouse, I-130A, Supplemental Information for Spouse Beneficiary will also be required.
Employment-based categories require the intending U.S. employer to file Form I-140, Petition for Alien Worker.
Entrepreneurs who intend to invest significant amounts of capital into a business venture in the United States may file Form I-526, Immigrant Petition by Alien Entrepreneur on their own behalf.
Asylum seekers may file Form I-589, Application for Asylum and for Withholding of Removal for themselves.
A physician who agrees to work full-time in clinical practice in a designated underserved area for a set period of time and also meets other eligibility requirements can file I-485.
Applicants that have resided in the U.S. continuously since before Jan. 1, 1972, can file I-485.
Immigrants that have been granted refugee status or asylum may use Form I-730, Refugee/Asylee Relative Petition to petition for a spouse and unmarried children under 21 years of age.
Persons that fall under a large umbrella of categories can file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
- An Amerasian (born after Dec. 31, 1950, and before Oct. 23, 1982);
- The widow(er) of a U.S. citizen;
- A VAWA self-petitioning spouse of an abusive U.S. citizen or lawful permanent resident;
- A VAWA self-petitioning child of an abusive U.S. citizen or lawful permanent resident;
- A VAWA self-petitioning parent of an abusive U.S. citizen son or daughter who is 21 years old or older; or
- A special immigrant:
  - Religious worker;
  - Panama Canal Company employee, Canal Zone government employee, or U.S. government in the Canal Zone employee;
  - A physician licensed and practicing medicine in a U.S. state as of Jan. 9, 1978;
  - An international organization or NATO-6 employee or family member;
  - A juvenile that needs the protection of a juvenile court because he or she has been abused, neglected, or abandoned by a parent;
  - U.S. armed forces member;
  - Afghan or Iraqi national who worked for or on behalf of the U.S. government as a translator;
  - Iraqi national who worked for or on behalf of the U.S. government in Iraq;
  - An Afghan national who worked for or on behalf of the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan; or
  - Broadcasters for the United States Agency for Global Media (USAGM) or for a USAGM grantee.
Victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity may apply for a U nonimmigrant status and then apply for an adjustment of status.

3. Check visa availability

For family-based petitions, immediate relatives (the spouse, parents, and unmarried children under 21) of a U.S. citizen can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as the I-130, Petition for Alien Relative. Immediate relatives of U.S. citizens have a visa immediately available to them. This is called “concurrent filing.” Otherwise, the I-130 petition has to be approved before the Form I-485 adjustment can be filed.

Since there is a cap on the number of immigrant visas available each year, there is a backlog of visa applications. The State Department Visa Bulletin has information about which family and employment-based applications are “current” and can be served. When the priority date on the applicant’s Form I-797 receipt falls on or before the “Final Action Dates” listed under the correct visa category, the applicant may file Form I-485.

4. File Form I-485 and supplemental forms

File Form I-485, Application to Register Permanent Residence or Adjust Status.
In family-based and some employment-based applications, the petitioner who filed Form I-130 or some other person will need to file Form I-864, Affidavit of Support. It can be filed with the I-485.
The beneficiary may file Form I-693, Report of Immigration Medical Examination, and Vaccination Record with the I-485.
Applicants may optionally apply for employment and travel authorization.

5. Get fingerprinted

After the beneficiary files the I-485 application, he or she will be notified to appear at an Application Support Center for biometrics collection, which usually involves having a picture and being fingerprinted. This information will be used to conduct the required security checks and for the eventual creation of a green card, employment authorization (work permit), or travel document.

6. Attend the interview (if applicable)

The petitioner and beneficiary will be notified of the date, time, and location for an interview to answer questions under oath regarding the application. It is important to bring originals of all documentation submitted with the application including passports, official travel documents, and Form I-94 even if expired. Not all applications require an interview. USCIS officials will review your case to determine if it meets one of the exceptions.

7. Get the decision in the mail

The beneficiary will be notified of the decision in writing.

8. Appeal a denial

If the application for adjustment of status is denied, the decision notice will let contain information about how to appeal. Not every decision can be appealed. Generally, if the decision can be appealed, the applicant must file the appeal within 30 days of the service of the decision. It may also be possible to file a Motion to Reopen or Reconsider. Both appeals and motions are filed on Form I-290B, Notice of Appeal or Motion.

Cost

The cost varies depending on the type of adjustment.

Family-based

Forms	Cost
I-130, Petition for Alien Relative	$535
I-485, Application to Register Permanent Residence or Adjust Status (Age 14–78)	$1,140
Biometric fee	$85
I-864, Affidavit of Support review fee	$120
I-693, Report of Immigration Medical Examination and Vaccination Record	$0
I-765, Employment Authorization Document (EAD) (optional)	$410
I-131, Application for Travel Document (optional)	$575
	$2,865