Who Can Apply for Adjustment of Status?

Navigating the path to permanent residency in the United States can be complex. At Law Offices of Jeffrey A. Thompson, we often receive questions about who can apply for Adjustment of Status.

This process allows eligible individuals to obtain a green card without leaving the country. Understanding the eligibility requirements and various categories is essential for those seeking to adjust their status.

What Are the Key Eligibility Requirements for Adjustment of Status?

Adjustment of Status (AOS) allows eligible individuals to apply for lawful permanent resident status if they are in the United States. These requirements ensure that applicants have a valid basis for obtaining a green card and are admissible under U.S. immigration law.

Current Visa Status Matters

Your current visa status determines your eligibility for adjustment of status. You must be in the United States in a valid nonimmigrant status when you file your application. However, exceptions exist. For example, immediate relatives of U.S. citizens may qualify to adjust status even if they’ve overstayed their visa (provided they entered the country legally).

Family Ties or Employment Sponsorship

Most adjustment of status applications stem from family relationships or employment sponsorship. If you apply through a family member, you must be an immediate relative of a U.S. citizen or fall under a family preference category. For employment-based applications, you typically need an approved immigrant petition from your employer.

Physical Presence and Lawful Entry

To file for adjustment of status, you must be physically present in the United States. Additionally, you should have entered the country lawfully, which means an immigration officer inspected and admitted or paroled you. This requirement can be waived for certain individuals (such as those eligible under Section 245(i) of the Immigration and Nationality Act).

Admissibility Under Immigration Law

To qualify for adjustment of status, you must be admissible to the United States. This means you don’t fall under any grounds of inadmissibility outlined in U.S. immigration law. Common grounds of inadmissibility include multiple criminal convictions, health-related issues, and prior immigration violations. If you are inadmissible, you may need to apply for a waiver, which can be a complex process.

Many individuals remain unaware of potential inadmissibility issues until they apply for adjustment of status. That’s why it’s important to have a thorough evaluation of your case before filing. Experienced immigration attorneys can help identify any potential roadblocks and develop strategies to overcome them.

Meeting these eligibility requirements marks the first step in the adjustment of status process. Each case is unique, and additional factors may affect your eligibility or the likelihood of approval. Professional legal guidance can help you navigate this complex process effectively.

Now that we’ve covered the key eligibility requirements, let’s explore the common categories for adjustment of status in the next section.

Main Paths to Adjustment of Status

Adjustment of Status (AOS) offers several pathways, each tailored to different circumstances and relationships. Understanding these categories can significantly impact an individual’s immigration journey.

Family-Based Immigration

Family-based immigration stands as one of the most common routes for AOS. U.S. citizens can petition for immediate relatives (spouses, unmarried children under 21, and parents) without numerical limitations. This results in faster processing times compared to other categories.

Family preference categories, which include more distant relatives or family members of permanent residents, face annual caps. These categories often involve longer wait times (sometimes extending several years), especially for high-demand countries like Mexico and the Philippines.

Employment-Based Immigration

Employment-based immigration provides another significant path to AOS. This category splits into five preference levels, each with its own requirements and annual numerical limits. The employment-based (EB) annual limit for fiscal year (FY) 2025 will be higher than was typical before the pandemic, though lower than in FY 2021-2024.

A key aspect of employment-based AOS involves the labor certification process. Most applicants must demonstrate that their employment won’t adversely affect U.S. workers’ wages or working conditions. This process can prove complex and time-consuming (often taking several months to complete).

Diversity Visa Program

The Diversity Immigrant Visa Program (also known as the green card lottery) allocates up to 55,000 immigrant visas annually to individuals from countries with low rates of immigration to the United States. While selection chances remain relatively low, it offers a unique opportunity for those who might not qualify under other categories.

Asylum or Refugee Status

Individuals granted asylum or admitted as refugees can apply for AOS one year after their status is granted or admission to the U.S. This pathway acknowledges the humanitarian aspects of immigration and provides a route to permanent residency for those fleeing persecution.

Each of these pathways has its own set of requirements, processing times, and potential challenges. The success of an AOS application often hinges on understanding these nuances and navigating them effectively. As we move forward, we’ll explore some special considerations and exceptions that can affect eligibility for adjustment of status.

Unique Paths to Adjustment of Status

VAWA Self-Petitioners: A Safe Harbor

The Violence Against Women Act (VAWA) allows victims of domestic violence to self-petition for permanent residency. This provision applies to both women and men. VAWA self-petitioners can apply for Adjustment of Status (AOS) without relying on an abusive spouse or parent for sponsorship. This independence proves vital for those who seek safety and stability.

Special Immigrant Juveniles: Protection for Vulnerable Youth

The Special Immigrant Juvenile (SIJ) classification offers a path to permanent residency for certain undocumented children who have experienced abuse, abandonment, or neglect. To qualify, a state court must determine that reunification with one or both parents is not viable and that returning to their home country does not serve the child’s best interest.

T and U Visa Holders: Supporting Victims of Trafficking and Crime

T visas (for victims of human trafficking) and U visas (for victims of certain crimes) provide temporary status and a potential path to permanent residency. After maintaining their status for a certain period, typically three years, holders can apply for AOS.

Registry Provisions: A Lifeline for Long-Term Residents

The registry provision of the Immigration and Nationality Act allows certain individuals who have resided continuously in the U.S. since before January 1, 1972, to apply for permanent residence, regardless of their current status. While this date remains unchanged for decades, making it applicable to fewer people each year, it still offers a viable option for some long-term residents.

These special considerations and exceptions underscore the complexity of U.S. immigration law. Each pathway has its own set of requirements and challenges. Understanding these alternatives can change the game for individuals who don’t fit into traditional AOS categories. However, navigating these pathways requires careful planning and expert guidance. The stakes remain high, and the consequences of missteps can prove severe. The total expense for adjustment of status can range from $3,000 to $7,000 or more, depending on individual circumstances.

Final Thoughts

Adjustment of Status offers diverse pathways to permanent residency in the United States. Individuals who can apply for Adjustment of Status include family-sponsored immigrants, employment-based applicants, and those in special categories like VAWA self-petitioners. The process involves meeting specific eligibility criteria, gathering documentation, and navigating complex immigration laws.

Professional guidance proves invaluable when determining who can apply for Adjustment of Status and how to proceed. Law Offices of Jeffrey A. Thompson provides expert assistance in navigating this intricate process. Our team specializes in immigration law, offering representation tailored to your specific needs.

The next steps typically involve filing appropriate forms and preparing for potential interviews. With proper preparation, you can increase your chances of a successful outcome. Thousands complete this journey each year, and understanding your options marks the first step toward achieving your immigration goals in the United States.