Understanding Adjustment to Immigrant Status: A Guide for Foreign Nationals

Q: How long does the adjustment process take?

The processing time can vary but typically takes between 8 to 14 months.

Q: What forms are needed for adjustment of status?

Applicants need to complete Form I-485, Application to Register Permanent Residence or Adjust Status, along with any required supporting documents.

Definition & Meaning

Adjustment to immigrant status is a legal process that allows foreign nationals already present in the United States to change their immigration status to that of a lawful permanent resident. This process is available to individuals who have been admitted to the U.S. under specific categories, such as nonimmigrant, refugee, or parolee, and who meet the eligibility requirements for an immigrant visa. Once the adjustment is granted, the individual is considered an immigrant from the date of the adjustment, regardless of how long they have been in the country.

Table of content

Legal Use & context

This term is primarily used in immigration law, which governs the admission and status of individuals in the U.S. Adjustment to immigrant status is a crucial step for many seeking to establish permanent residency. Users can often manage this process themselves by utilizing legal templates and forms provided by services like US Legal Forms, which are drafted by qualified attorneys to ensure compliance with immigration regulations.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A student in the U.S. on an F-1 visa graduates and becomes eligible for adjustment to immigrant status through a job offer from an employer who sponsors them for a green card.

Example 2: A refugee who has been living in the U.S. for several years applies for adjustment to immigrant status once they meet the criteria for permanent residency.

Relevant laws & statutes

The Immigration and Nationality Act (INA) is the primary statute governing adjustment of status. Specific sections, such as Section 245, outline the eligibility and procedures for individuals seeking to adjust their status to that of a lawful permanent resident.

Comparison with related terms

Term	Definition	Difference
Adjustment of Status	The process of changing from a nonimmigrant to a permanent resident.	Specifically refers to the change of status within the U.S.
Consular Processing	The process of obtaining an immigrant visa through a U.S. consulate abroad.	Occurs outside of the U.S., unlike adjustment of status.

Common misunderstandings

What to do if this term applies to you

If you believe you are eligible for adjustment to immigrant status, start by gathering necessary documentation, such as proof of your current status and eligibility for an immigrant visa. Consider using legal templates from US Legal Forms to assist you in completing the required forms. If your situation is complex or you have questions, consulting with an immigration attorney is advisable.

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Quick facts

Typical processing time: 8 to 14 months
Filing fee: Varies, typically around $1,225
Jurisdiction: U.S. Citizenship and Immigration Services (USCIS)
Possible outcomes: Approval, denial, or request for additional evidence

Key takeaways

Frequently asked questions

Who is eligible for adjustment to immigrant status?

Individuals currently in the U.S. under specific categories, such as nonimmigrant, refugee, or parolee, may be eligible if they meet the requirements for an immigrant visa.