Adjustment Of Status

Everything You Need To Know About The Adjustment Of Status

3 Mins Read August, 08 2022 Posted by Sumona

Adjustment of Status is one process through which you apply for permanent resident status in the United States.  

The USA authority issues an adjustment of status or what you comprehend in easy language, a Green Card, to the people of another country seeking a permanent stay in the USA.

If you get one, you enjoy the benefits the US government provides its citizens. It seems that you are a neophyte trying to peep into the subject’s content. Please do read the article to get a good understanding of it. 

Become A Permanent Resident: Section 245 (I)

You can obtain a Green card through the Section 254 (i) corridor. Under Section 245(i), qualified but unauthorized individuals obtained lawful permanent residence. So you can also file a petition to obtain a permanent citizen through Green Card.

Have you filed a petition (or someone filed it for you) way back in the year 2001?

Then you are eligible to obtain the Green card through the immunity provided under the Adjustment of Status Under Section 245(I). But on 14th January 1998, congress phased the law. You might have filed it before 2001. Learn more about Adjustment of Status Under Section 245(I)

So do you think all doors to legally enter the USA are closed? No, there are alternate pathways to get it. You don’t really need to anchor only on Adjustment of Status Under Section 245(I) only. 

Have talks with your lawyer, and you can have good knowledge of the ways to get a Green Card. 

Steps For Adjustment Of Status

If you apply for Adjustment of States, you need to follow certain steps to attain the status. Let’s try to understand the nitty-gritty here to get a clear picture. 

Steps For Adjustment Of Status

1. Are You Eligible?

First thing first, you need to find out whether or not you are eligible for this application. There are different ways through which it is possible for you to fill the eligibility criteria. 

You need to determine which immigrant category you fall in. There are specifics to these categories, and reading them will help you understand the eligibility criteria. 

You need to go to the Green Card Eligibility Category page to see and understand your eligibility.

2. Who Will Fill Up The Petition For You?

Now that you have made up your mind to apply for a USA Green Card, you have to file the petition. 

Generally, someone else does refer you and file the petition for you. Now filing the petition requires you to fill up some common forms, and they include:

  • Form 1-30 Petition for Alien Relatives.
  • Form 1-40 Immigration Petition for Alien Workers.
  • Form 1-730, Refugee/Asylee Relative Petition 

Apart from them, there are some other petitions that you need to fill up. This requires you to take the service of some bonafide attorney.

3. File Form I-485

Suppose you are in the United States and are applying for a green card; you have to file form 1-485. Go to the USCIS and look at the requisites in detail to get a comprehensive idea of the way into US soil. 

Now, if you want to enter into permanent citizenship under the adjustment of Status Under Section 245(I), you ought to fill out both the forms:

  • Form I‑485.
  • Form I‑485 Supplement A,  Adjustment of status under section 245(I). 

4. Application Support System Appointment 

If you fill up the form I-485 form, you will be notified by your lawyer of the date and time of attending the Interview. Therefore ensure that you hire an immigration lawyer who can help you in all possible situations. They are experts, and they have the required knowledge to guide you through the immigration process.

Go to the Interview on the said date. The officials at the USCIS will ask you questions. All the other formalities will follow thereafter. 

Wrapping It Up

The immigration process is becoming complex with time. Obtaining a Green Card in the USA is far more difficult now. You have to fill in all the requirements. We suggest you hire a competent law firm that can guide you through the entire process. You might not be able to handle everything all alone.


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