Adjustment of Status

Immigration Law
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Immigration Law

Adjustment of Status

The adjustment of status process starts with the filing of Form I-485 and allows eligible immigrants who are lawfully present in the United States to file for permanent residence in the United States. This process is open to almost any person who entered the United States in a lawful status, has an approved or pending application for immigrant status (usually Form I-140 or I-130), and does not have a visa backlog for their country. The U.S. Department of State issues a monthly “Visa Bulletin” which determines whether immigrant visas are available for each preference category, based on the immigrant’s home country. If the immigrant’s preference category is current, denoted with a “C”, then an immigrant visa is immediately available and the foreign national may apply to adjust their status and receive their green card without needing to travel abroad.

The application for an adjustment of status, Form I-485, is commonly filed with an application for employment authorization and an application for advance parole (travel authorization). Processing times can vary based on where the application is filed and under which basis the foreign national qualifies for an immigrant visa (also known as a green card or lawful permanent residence).

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