Adjustment of status is the final step to obtain permanent residency (“green card”). An individual can apply for permanent residency in the U.S. in the following situations:
- a fiancé(e) who entered the US on a K1 visa;
- an beneficiary of an approved asylum petition;
- an individual who wishes to currently file an employment based petition or is the beneficiary of an already approved employment based immigration petition (EB1-EA, EB1-OR, EB1-ET, EB2, National Interest Waiver, EB3, EB4 or EB5 petition);
- a spouse of a US citizen;
- a relative of a US citizen or permanent resident whose priority date is current;
- the spouse or child of an abusive U.S. citizen or permanent resident;
- Green card lottery winners currently physically present in the U.S.; and
- a continuous resident of the U.S. since before January 1, 1972.
An AOS applicant may, at the time the adjustment application is made, apply for a work permit and advance parole to be able to travel in and out of the U.S. during the pendency of the AOS application.
Foreign nationals with an approved immigrant petition or who have an immigrant visa number immediately available and are filing an immigrant petition and are currently residing in the United States.
An foreign national may apply for adjustment of status if
- An immigrant visa number is “current’, i.e. immediately available to you based on an approved immigrant petition;
- If your immigrant petition were approved then an immigrant visa number is immediately available; and
- You are not otherwise deemed ineligible due to your having failed to maintain your nonimmigrant status, were employed without authorization, or other reason.