Adjustment of Status (Form I-485) is the process that allows a foreign-born individual already present in the U.S. to apply for lawful permanent residence (a green card) without leaving the country. This process is available to those who meet specific eligibility criteria and want to transition from their current non-immigrant status, such as a student or work visa or perhaps an overstay visa, to permanent residency.
Eligibility Requirements:
- Current Status: Must be in the U.S.
- Inspection and Admission or Parole: Generally, you must have been inspected and admitted into the United States by an immigration officer, or you must have been paroled into the country. Individuals who entered the U.S. without inspection or who have violated their nonimmigrant status may have limited options for adjustment of status.
- Eligibility for Green Card: Must be eligible for a green card through family, employment, asylum, or other categories.
- Admissibility: Must be admissible to the U.S., meaning you do not have disqualifying criminal convictions, immigration violations, or health issues.
- Medical Examination: Provide a medical examination report as part of the application process.
- Biometrics and Interview: Attend a biometrics appointment for fingerprinting and possibly an interview with USCIS, where you will need to provide further information and answer questions about your application