Adjusting Status While In The United States

Adjustment of status is a legal process for obtaining a green card (lawful permanent residence) while remaining in the United States. The other process for obtaining a green card - consular processing - requires leaving the country and applying for an immigrant visa through the U.S. consulate in your home country.

For those who qualify, adjustment of status is typically an easier and faster way to get a green card than consular processing.

Who Is Eligible For Adjustment Of Status?

Not every prospective immigrant is eligible for adjustment of status. The preliminary step, of course, is to determine whether you qualify for a green card in the first place. Most people obtain a green card through employment- or family-based immigration.

You must then determine which process to pursue - adjustment of status or consular processing. You may qualify for adjustment of status if:

  • You are currently in the United States.
  • You lawfully entered the United States (for example, on a nonimmigrant visa status or parole).
  • Your family- or employment based petition was approved (except for those filing concurrently).
  • You were granted a visa number or your priority date is current (for those subject to the annual quota for immigrant visas).

Refugees and asylees may also be eligible to pursue a green card through adjustment of status.

Certain prospective immigrants - such as those immigrating through immediate relatives (spouses, parents and children) - may be able to file their family-based petition (Form I-130) and adjustment of status (Form I-485) at the same time. This process is called concurrent filing.

Don't Tackle Such A High-Stakes Process Alone

Pursuing lawful permanent residence in the United States is a big decision. Your individual circumstances will impact which course of action you should take. Certain factors - such as unlawful presence in the United States or certain criminal activity - may complicate your ability to lawfully immigrate.

Turn to Ramos Immigration Law in Longmont, Colorado, to discuss your options. Our team of immigration lawyers can provide you with a thorough and professional analysis. We can walk you through the steps of adjustment of status or consular processing, shouldering the important paperwork and ensuring that your documentation is in order. We can also prepare you for the rigors of an immigration interview if needed.

We offer a wide array of immigration services backed by the skill and experience you need for success. Our founding attorney, Francesca Ramos, has been in practice since 1999.

To learn more about permanent residence and adjustment of status, please contact our office online or call 303-417-6370.