What Are the Requirements for Adjustment of Status for Immigrants?

 Posted on August 22, 2023 in Immigration

Immigrants who live in the United States include those who have lawful permanent resident status and those who have only received authorization to stay in the country temporarily. While permanent residents will be able to continue living in the U.S. without fear of deportation, other immigrants may be in the country on temporary work visas or visitor visas. These immigrants may wish to become permanent residents, and to do so, they may apply for adjustment of status. By understanding the requirements that must be met to become a lawful permanent resident, an immigrant can make sure they will be able to complete this process successfully.

Who Is Eligible for Adjustment of Status?

In order to adjust their status, an immigrant must be eligible to apply for a Green Card. There are several eligibility categories, including:

1. Family-based Green Cards: Immediate relatives (spouses, parents, and unmarried children under 21 years old) of U.S. citizens can apply for adjustment of status immediately after their immigrant petition has been approved. Immediate relatives of Green Card holders or other family members of U.S. citizens may have to wait until a family preference visa becomes available based on their relationship with the petitioner.

2. Employment-based Green Cards: Immigrants who receive sponsorship from an employer may be eligible to adjust their status if they have an approved employment-based immigrant petition and a visa number is available. Availability of visas may be based on a person’s qualifications. Those with extraordinary abilities in fields such as science, arts, business, athletics, or education will be given higher priority, and other types of workers may have longer waiting periods before they can apply for adjustment of status. 

3. Special immigrant categories: Some immigrants may qualify for adjustment of status under certain types of special categories. These include religious workers, international broadcasters, or special immigrant juveniles who have been abandoned or neglected by their parents. 

4. Victims of crime or domestic violence: Immigrants who have been subject to abuse by a family member may be eligible to apply for a Green Card under the Violence Against Women Act (VAWA). Victims of other types of crimes may receive Green Cards after applying for U visas.

The Basic Requirements for Adjustment of Status

To qualify for adjustment of status, immigrants will need to meet other requirements, including::

• Inspection and admission or parole: Generally, a person must have entered the United States with a valid visa, or they must have been paroled by an immigration officer. 

• Eligibility under current immigration laws: A person must show that they are admissible to the United States. Potential grounds of inadmissibility include certain types of criminal convictions, fraudulent activities, health-related issues, or violations of immigration laws.

• Maintenance of lawful status: If the immigrant has been admitted as a temporary visitor to the United States, they must maintain a lawful immigration status during their stay without any violations.

• Visa availability: An immigrant visa must be immediately available to a person. Once they have been approved for a visa, they will be able to receive a Green Card.

Contact Our Raleigh Adjustment of Status Lawyers

If you are an immigrant living in North Carolina and seeking to adjust your status, the experienced Wake County Green Card application attorneys at Vasquez Law Firm, PLLC are here to provide the legal help you need. We understand the significance of obtaining lawful permanent resident status and the complex requirements that may apply to you. We can help you gather the necessary documents and file the proper forms, and we will work with you to resolve any issues that may arise. Contact us today at 1-844-YO-PELEO to schedule a free consultation and get help with your immigration journey.