The immigration process in the United States is a complicated, yet vital process for many individuals. Applying for permanent resident status is often the first step in becoming a naturalized U.S. citizen, or it could be the final step for individuals who wish to remain citizens of their home country. Adjustment of status is the process in which a foreign national can obtain permanent resident status while they are already living in the United States. Notably, obtaining permanent resident status while living outside the United States requires a significantly different process through the U.S. Department of State consulate in the individual’s home country.
Adjustment of status, or more commonly known as “applying for a Green Card,” gives an individual the right to live and work in the United States permanently. U.S. Citizenship and Immigration Services, or USCIS, controls the adjustment of status process, acting as the gatekeepers for permanent resident status for any individual seeking a Green Card. Although USCIS provides a wealth of resources about navigating the adjustment of status process, the mountain of material is intimidating at best. Here is what you need to know if you are seeking a Green Card through adjustment of status or immigration.
Eligibility For Adjustment of Status And Immigration
Green Card eligibility depends on through which category the individual applies for adjustment of status. There are many different Green Card eligibility categories, such as Family, Employment, Special Immigrant, Refugee, Victim of Human Trafficking, or Victim of Abuse, as well as many others for specific circumstances. The most common categories are Family and Employment, but the individual applicant must make a judgment call based on their unique circumstances. For example, is the person an immediate relative of a U.S. citizen? If so, they are eligible for a Green Card under the Family category. However, there are many other conditions that could make an individual eligible for a Green Card under the Family category, as well as for each of the other categories. Click here to learn more about Green Card eligibility.
Related: How To Get a Green Card In California
Petitioning for Adjustment of Status Or Immigration
An immigrant petition refers to the first of two forms that most Green Card applicants seeking adjustment of status will need to file with USCIS. The specific form varies depending on the Green Card eligibility category that the individual applies under, but the immigrant petition ordinarily requires that someone else files it on the applicant’s behalf. In the employment context, this is often referred to as “sponsoring,” but the idea is the same regardless of the context: a third party attests to the applicant’s eligibility.
The immigrant petition is often a prerequisite for filing a Green Card application. Depending on the category in which the individual applies for a Green Card, the individual may be able to file the petition and the application concurrently, or they may not need to file the petition at all. In many cases, however, the individual must file the immigrant petition first, receive approval, and then file the Green Card application.
Green Card Application Process
One of the most critical steps in the adjustment of status and immigration process is the Green Card application. Individuals applying for permanent resident status through the adjustment of status process must file Form I-485 with USCIS.
USCIS provides excessively thorough instructions for completing the Form I-485 Green Card application. Here are the basics.
Visa Availability
One of the controlling factors in the Green Card application process is visa availability. An individual seeking permanent resident status cannot file Form I-485 until a visa is available in their eligibility category, and visa availability can be very different based on each eligibility category. For example, individuals can always apply for a Green Card through an immediate family member. Visas under this category are unlimited, and applicants may file Form I-485 at the same time as their immediate family member files the immigrant petition on their behalf. However, other family-sponsored or employment-based applications are limited. Applicants should consult the Visa Bulletin to determine when they are eligible for available Visas.
Filing Form I-485
USCIS provides a robust list of instructions for completing and filing Form I-485. Notably, filing Form I-485 with USCIS may require a filing fee of up to $1140, depending on the applicant’s age and unique circumstances. Similarly, the applicant may be required to provide a different list of initial evidence in support of their application based on these circumstances.
Biometric Services Appointment
After the applicant files Form I-485 with USCIS, USCIS will schedule an appointment for the applicant to record their biometrics. The individual must travel to a local Application Support Center, where they will record their fingerprints, photo, and signature. This is a mandatory step that supports the background check process.
If the applicant is between the ages of 14 and 78, the biometrics services appointment will have a mandatory fee of $85, in addition to the other fees related to the Green Card application process.
Although the biometrics services appointment is relatively straightforward, USCIS has online resources that review the mechanics, requirements, and potential exemptions. Click here for more information.
The Interview
In some cases, USCIS officials may determine that they need to conduct an interview. If USCIS requests an interview, the applicant must answer the organization’s questions under oath, and the applicant must bring originals of all the documentation filed alongside Form I-485, such as any official travel documents (IE, passports).
F.A.Qs:
Q: How do I check my case status?
A: Applicants seeking adjustment of status can check the status of their cases online or by phone at 800-375-5283.
Q: How long does it take to receive a decision?
A: The amount of time it takes to obtain a Green Card varies widely. It depends on the individual’s Green Card eligibility category, as well as their country of citizenship. It may take as little as ten months for spouses of U.S. citizens to obtain their Green Cards or as much as 22+ years for married adult children of U.S. citizens from Mexico.
Q: Do I need to provide any other documentation?
A: USCIS may request additional documentation if your initial submissions were insufficient or if USCIS needs more information to determine your eligibility. Failure to respond to such a request with timeliness could result in USCIS denying your application.
Q: I completed the process and have been approved for a Green Card, but my Green Card has not arrived. What should I do?
A: You may track the delivery of your Green Card and other documents using this link.
Contact Pride Legal
If you or a loved one wish to become a permanent resident in the United States through the Adjustment of Status process, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
