9 months ago
USCIS Green Card Rules: Adjusting Status in the US
Imagine you are visiting the United States on a temporary visa, like for work or school.
If you want to stay permanently and get a 'Green Card', you can usually do this without going back to your home country.
This is called 'adjusting your status'.
First, you need to see if you qualify, which depends on why you are eligible to get a Green Card.
Most of the time, someone else needs to fill out a special form for you, called a petition.
Then, you can fill out your Green Card application, but only if there's an open visa spot for people like you.
You can check this on a list called the Visa Bulletin.
After you apply, you'll have to go for fingerprinting and maybe an interview.
If everything looks good, USCIS will approve your application and send you your Green Card!
But if you're an immediate family member of a U.S. citizen, it's usually easier and faster because there's no waiting for a visa number.
Adjustment of Status allows eligible nonimmigrants in the U.S. to apply for a Green Card without leaving the country.
Eligibility depends on the immigrant category, and most applicants need an immigrant petition filed by someone else.
Applicants can generally only file their Green Card application (Form I-485) when a visa number is available, as indicated by the Department of State Visa Bulletin.
Immediate relatives of U.S. citizens are an exception, as they are not subject to visa number limitations.
The process involves filing forms, a biometrics appointment, and potentially an interview, followed by a USCIS decision.
- Who
- Nonimmigrants in the United States, such as H-1B and F-1 visa holders, who are eligible.
- What
- Applying for lawful permanent resident status (Green Card) through the 'Adjustment of Status' process.
- Where
- Within the United States.
- When
- After an immigrant petition is approved and a visa number is available, as determined by the Department of State Visa Bulletin.
- Why
- To obtain a Green Card without having to leave the U.S. and go through consular processing abroad.
Key facts
- What is Adjustment of Status?
- The process to apply for lawful permanent resident status (Green Card) while physically present in the United States.
- Who can apply for Adjustment of Status?
- Nonimmigrants in the US, including H-1B and F-1 visa holders, if eligible.
- What forms are needed?
- Typically an immigrant petition and a Green Card application (Form I-485).
- When can an application be filed?
- Generally, only when a visa number is available in the applicant's category, as indicated by the DOS Visa Bulletin.
- What happens after filing?
- Biometrics appointment, potential interview, and a written decision from USCIS.
- What is immediate relative exception?
- Immediate relatives of U.S. citizens are not subject to numerical limitations and have visas immediately available.
