ELIGIBILITY for ADJUSTMENT of STATUS

You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.

Relative Sponsor

  • You are the Immediate Relative of a U.S. citizen, you an in status,  and you are eligible for an immediate visa issuance based on an I-130 Visa Petition. There are 2 exceptions to being present in the U.S. in status: (1) If you marry a U.S. citizen AND you entered the U.S. legally; or, (2) your I-130 visa petition was filed prior to April 30, 2001 making you eligible for 245i benefits upon payment of a $1,000 penalty.
  • You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf that was filed prior to April 30, 2001, or you are present in the U.S. on an unexpired visa..

Employer Sponsor

  • You are an alien who has an approved visa petition (I-140) filed in your behalf by a United States employer based on a Labor Certification filed before April 30, 2001, or you are residing in the U.S. on an unexpired nonimmigrant visa.. 

Visa Number

  • If you are a Family- or Employment-based applicant, you must have an immigrant visa number available from the State Department unless you are in a category that is exempt from numerical limitations. Immediate relatives of United States citizens are exempt from this requirement. Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21. (For instance, you can apply to adjust to permanent resident status at the same time that your U.S. citizen daughter files an application for you to become an immigrant.)

    Other immigrant categories that are exempt from numerical limitations and do not need a visa number include special immigrant juvenile and special immigrant military petitions.
  • For the unmarried son or daughter (over 21 years of age) of a US Citizen, brother or sister of a US Citizen, or the spouse or children of lawful permanent residents, visa numbers are limited by law every year. This means that even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time the USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number.

Fiancée

  • You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS form I-130 Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status.

Asylee

  • You are an asylee or refugee who has been in the United States for at least a year after being given asylum or refugee status and still qualify for asylum or refugee status.

Diversity Visa

  • You received notice from the Department of State that you have won a visa in the Diversity Lottery.

Long Term Resident

           You have been a continuous resident of the United States since before January 1, 1972.

NOTE: There may be reasons that you are ineligible for adjustment to permanent resident status if:

    • You entered the U.S. while you were in transit to another country without obtaining a visa.
    • You entered the U.S. while you were a nonimmigrant crewman.
    • You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.
    • You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:
      • You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).
      • Certain foreign medical graduates, international organization employees and family members.
    • You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.
    • You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you have this status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit USCIS Form I-566.
    • You were admitted to Guam as a visitor under the Guam Visa Waiver Program. (This does not apply to immediate relatives.)
    • You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)
    • You are already a conditional permanent resident.
    • You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.           

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