Adjustment

Qualifications For Green Cards:

In order to become a legal permanent resident through Adjustment of Status, you must meet a number of specific factors.  Keep in mind, this letter only discusses Adjustment of Status and you may be eligible for other processes.

1. To adjust your status within the United States, you must have entered the U.S. legally.  This means with you came with some sort of visa that gave you permission to enter the United States.   You must be able to prove that you entered legally, which can be done by providing a copy of your visa.
2. 245(i): 245(i) is a special section of immigration law that allows certain people to apply for a green card in the United States even though they did not enter the country legally.  To qualify under section 245(i), you must be the beneficiary of a petition that has a priority date on or before April 30, 2001.  The immigration petition giving your 245(i) protection can be either an I-130 family petition, or an I-140 petition for labor certification.  If you qualify for 245(i), there is an additional $1000 “penalty” fee that you must pay at the time of applying for your green card.
3. There can’t be anything on your criminal or immigration record that would keep you from becoming a resident.  This means you do not have any prior deportation orders or a criminal history that would otherwise prevent you from being admissible.  If you came with a visa, you may only apply for Adjustment of Status in the United States if you have one or less period of times you have overstayed your allowed stay in the United States.  This means you cannot apply for Adjustment of Status if you have stayed over the amount of time your visa allowed two or more times.
4. You must have an immediate relative that can petition for you.  Eligible “immediate relatives” include: a U.S. citizen spouse, a U.S. citizen child who is at least 21 years old or older, and U.S. citizen parent whose child is under the age of 21.
5. You must be physically present in the United States when you apply for AOS, and you cannot leave the United States while your application is pending without first seeking permission from United States Citizenship and Immigration Services.
6. You must submit a medical examination with your application for Adjustment of Status.  The medical examination must be completed by a doctor who has been authorized by United States Citizenship and Immigration Services to do the immigration exams.  The medical exam is done to make sure that you have all of your required vaccinations and that you don’t have any serious, contagious diseases that could get other people in the United States sick.  Each doctor has his or her own fee that is charged for completing the medical exam.
7. You must be able to show that the person petitioning for you makes a certain amount of money based on the number of people in his or her houshold.  To show this requirement is met, your petitioning family member must provide his or her tax returns for the most recent year and proof of employment.  The government requires this information to make sure that when you get your green card, you won’t need to depend on government assistance, like food stamps and welfare.  If your petitioner does not make the required income or is not working, a co-sponsor will be needed.

Documents and Fees:

Step One – Gather the required documents

Documents must be gathered to show that you meet the requirements. This means you must gather documents including your proof of legal entry or 245(i) protection, your completed medical exam, proof of your relationship with the petitioner, your petitioner’s taxes, and co-sponsor documents if needed.

Step Two – Mail applications and supporting documents to United States Citizenship and Immigration Services (“USCIS”)

Once you have all the required documents and application forms completed, you are ready to file your Adjustment of Status application

• Costs:
  • $535 for I-130 family petition
  • $1225 for adjustment of status (green card) application
  • If you have 245(i), $1000 fee
• Processing time: About 6-8 months

You are also eligible to apply for a work permit with your application for your green card.  The work permit gives you permission to work in the United States while your application for your green card is still being reviewed by USCIS.

After the 6-9 month processing time is done and USCIS has completed the review of your application, you will either receive your approval notice by mail or receive an interview notice from USCIS.  Interviews are always required when your petitioner is your spouse.  At the interview, the Immigration Officer will ask questions to confirm the valid relationship between you and your petitioner, and ask you questions about your immigration and criminal history to make sure you qualify for a green card.

DO NOT APPLY IF:

There are certain situations that may make you ineligible adjustment of status in the Untied States.  Don’t file for adjustment of status if:

• You have entered the U.S. illegally and don’t have 245(i) protection
• You have used fake documents to enter the United States
• You lied to get your visa to allow you to enter the United States
• You have sold, smuggled, or trafficked drugs
• You helped anyone else enter the United States illegally
• You have told someone before that you are a U.S. citizen