Frequently Asked Questions about Adjustment of Status

If you are already in the US when your immigration petition is approved by the USCIS, you can apply for an adjustment of status. Adjustment of status is the process of becoming a lawful permanent resident without leaving the United States.

Eligibility

There are three requirements for being eligible for adjustment of status:

• Your immigration petition should be approved by the USCIS
• You must be in the US
• Your priority date must be current

Application

You must complete Form I-485 Application to Register Permanent Residence or Adjust Status. Submit the completed Form I-485 along with copies of your Form I-130 if your green card is family based or Form I-140 if your green card is employment based. You must also submit the notice of approval from the USCIS. You must also pay a filing fee of $930 and a biometric fee of $80. The completed Form I-485 along with necessary supporting documents and fees must be submitted to the USCIS office having jurisdiction over your place of residence in the US. After you submit your Form I-485, the USCIS will review your application. Incomplete applications will be returned to you. The USCIS may call you if it requires additional information to process your application. You will be asked to visit your local USCIS office to submit your biometric information. If the information you have provided is correct and your documents are in order, your application will be approved.

Interview

Sometimes, the USCIS will call you for an interview. If you cannot attend the interview on the appointed date, you should contact the USCIS and request for rescheduling the interview. If you don’t request for a rescheduling the interview and do not attend the interview, you application will be denied. There are many reasons why the USCIS may call you for an interview. It is possible that certain vital information might be missing from your Form I-485 or they might want to know if there have been any changes in your life since the approval of your green card petition which can affect your eligibility. Another reason for an adjustment of status interview is to check the increasing number of green card frauds. If your documents are in order, there is no need to worry. During the interview, the USCIS officer will ask you about your self, your eligibility and your relation with your sponsor to make sure that your application is not a fraudulent one.

Getting legal help

If you are in the US and your green card application has been approved, consult with an experienced US immigration attorney. The attorney can study your case and explain the entire process to you.