Adjustment of Status: A Comprehensive Guide to U.S. Immigration

Q: Can I apply for adjustment of status if I entered the U.S. illegally?

In some cases, individuals who entered without inspection may still qualify for adjustment of status under specific circumstances.

Q: How long does the adjustment of status process take?

The processing time can vary widely, often taking several months to over a year, depending on the case.

Definition & Meaning

Adjustment of status is a legal process that allows certain individuals who are already in the United States to change their immigration status to that of a lawful permanent resident, commonly known as a green card holder. This process is available to individuals who entered the U.S. under various categories, such as nonimmigrant, refugee, or parolee, and who meet specific eligibility criteria. The adjustment is considered effective from the date the application is approved, even if the individual has been in the country for an extended period.

Table of content

Legal Use & context

The adjustment of status is primarily used in immigration law. It is a crucial procedure for individuals seeking permanent residency in the U.S. This process may involve completing specific forms, attending interviews, and providing documentation to prove eligibility. Users can benefit from resources like US Legal Forms to access templates and guidance for completing the necessary paperwork.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A student who entered the U.S. on an F-1 visa may apply for adjustment of status after receiving a job offer from an employer willing to sponsor their green card application.

Example 2: A refugee who has been granted asylum in the U.S. may apply for adjustment of status to become a lawful permanent resident after one year of residing in the country.

Relevant laws & statutes

The adjustment of status process is governed by the Immigration and Nationality Act (INA), specifically under 8 U.S.C. § 1255. This statute outlines the eligibility requirements and procedures for individuals seeking to adjust their immigration status.

Comparison with related terms

Term	Definition	Key Differences
Adjustment of Status	Process to change to permanent resident while in the U.S.	Applies to individuals already in the U.S.
Consular Processing	Process to obtain a visa from outside the U.S.	For individuals applying from outside the U.S.

Common misunderstandings

What to do if this term applies to you

If you believe you qualify for adjustment of status, consider the following steps:

Gather necessary documentation, including proof of eligibility and admissibility.
Complete the required forms accurately. US Legal Forms offers templates that can assist you.
Consult with an immigration attorney if you have complex circumstances or questions about your eligibility.

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Quick facts

Attribute	Details
Typical Fees	Fees vary, but can include application fees and biometric fees.
Jurisdiction	Federal immigration law applies.
Processing Time	Varies by case, typically several months to over a year.

Key takeaways

Frequently asked questions

What is the difference between adjustment of status and consular processing?

Adjustment of status is for individuals already in the U.S., while consular processing is for those applying from outside the U.S.