Green Card Secrets: Know the USCIS rules about Adjustment of Status

Nonimmigrants in the US, including H-1B and F-1 visa holders, if eligible, can apply for a green card or lawful permanent residence status. The process to apply will depend on whether the foreigner is within the US or outside the US at the time of applying.

Adjustment of status is the process that you can use to apply for lawful permanent resident status, also known as applying for a Green Card, when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.

If you are outside of the United States, you must obtain your visa abroad through consular processing.

Adjustment of status to lawful permanent residence describes the process by which a foreigner obtains US LPR status while physically present in the United States.

USCIS issues a permanent resident card (Form I-551), commonly called a green card, to the successful adjustment applicant as proof of such immigrant status.

Initially, one needs to determine if they are eligible to apply for a Green Card. U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under.

The first step in the adjustment of status process is to determine if you fit into a specific immigrant category.

Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application. Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases.

Visa Availability Requirement

In general, you may not file your Form I-485 until a visa is available in your category. Foreigners seeking adjustment may only file an adjustment application when an immigrant visa number is available in the classification under which they qualify.

Immediate relatives of U.S. citizens are not subject to numerical limitations. Therefore, an immigrant visa is always immediately available to immediate relatives at the time they file an adjustment application.

In contrast, applicants seeking adjustment under an employment-based or family-based preference category must generally wait until a visa is immediately available before they may file their adjustment application.

These applicants can determine if a visa is available and when to file their adjustment application by referring to the U.S. Department of State (DOS) Visa Bulletin.

In general, adjustment applicants must use the Application Final Action Dates chart to determine whether a visa is available.

However, if USCIS determines there are immigrant visas available for the filing of additional adjustment applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS.

USCIS and DOS provide information on which chart should be used in a particular month on the Adjustment of Status Filing Charts from the Visa Bulletin webpage and DOS Visa Bulletin.

In general, the beneficiary of an immigrant visa petition may file for adjustment of status only after USCIS has approved the petition and a visa is available. In certain instances, the beneficiary may file an adjustment application together or concurrently with the underlying immigrant petition.

Concurrent filing of the adjustment application is possible only where approval of the underlying immigrant petition would make a visa number immediately available. Concurrent filing of the adjustment application is permitted for family-based immigrant categories, including immediate relatives and employment-based immigrants in the 1st, 2nd, 3rd, or 5th preference categories, amongst others.

If you are in the United States and are eligible for adjustment of status, you may file a Form I-485. After you file your Form I-485, USCIS will mail you a notice for your biometrics services appointment at a local Application Support Center (ASC) to provide your fingerprints, photograph, and signature. The notice will include the date, time, and location of the appointment.

USCIS officials will review your case to determine whether an interview is necessary. If they schedule you for an interview, you will be required to appear at a USCIS office to answer questions under oath or affirmation regarding your Form I‑485.

When USCIS decides on your application, they will send you a written decision notice.

If USCIS approves your application, you generally will receive an approval notice first and then receive your actual Permanent Resident Card (Green Card) a little later.

If USCIS denies your application, the decision notice will tell you the reason why your application is denied and whether you may appeal the decision. Generally, you cannot appeal the decision to deny an adjustment of status application. Even if you cannot appeal the denial, you may still be eligible to file a motion to reopen or reconsider.