Adjustment of Status is a procedure allowing certain foreign nationals already in the U.S. to apply for immigrant status. Foreign nationals admitted to the U.S. in a non-immigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available.
Benefits of Adjustment of Status:
Requirements for Adjustment of Status
Note: Visa numbers are limited by law for certain family members of U.S. citizens and lawful permanent residents and for employment based cases. This means that even if the USCIS approves your immigrant visa petition, you may not get an immigrant visa number immediately. In certain cases, several years could pass between the time USCIS approves your immigrant visa petition and the Department of State gives you an immigrant visa number.
The following persons are eligible to apply for Adjustment of Status:
1) Immediate Relatives of U.S. citizens
2) Beneficiaries of Family-based immigrant petitions
3) Beneficiaries of Employment Based Green Card Petitions
4) Dependents of Principal Application preference categories
5) Dependents of Lawful Permanent Residents
6) U.S. Citizens’ Spouses who entered the U.S. on K-1 Fiancé(e) Visa
Note: If you did not marry the U.S. citizen who filed the K-1 fiancee petition on your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the U.S.
Important: If you married the U.S. citizen but not within the 90-day time limit, your spouse must now file USCIS Form I-130, Petition for Alien Relative.
7) Asylees or Refugees in the U.S.
8) Cuban Citizens residing in the U.S. for at least one year
9) Foreign Nationals continuously residing in the U.S. since 01/01/72
Vaccination Requirements for Adjustment of Status
The Immigration law requires all individuals applying for Adjustment of Status be vaccinated for mumps, measles, rubella, polio, tetanus, diphtheria toxoids, pertussis, influenza type B, hepatitis B, and any other recommended by the Advisory Committee for Immunization Practices (ACIP).