You must meet a number of specific factors to seek Adjustment of Status. You may be eligible for other processes.

To qualify for Adjustment of Status, you must have entered the U.S. legally. Entering legally means you had some sort of visa that gave you permission to enter the United States. You must be able to prove that you entered legally, which can be done by providing a copy of your visa.

245(i): 245(i) is a special section of immigration law that allows certain people to apply for a green card in the United States even though they did not enter the country legally. To qualify under section 245(i), you must be the beneficiary of a petition that has a priority date on or before April 30, 2001. 245(i) protection can be obtained either through an I-130 family petition, or an I-140 petition for labor certification. If you qualify for 245(i), there is an additional $1000 “penalty” fee that you must pay at the time of applying for your green card.

Qualification 1: Records – You have to have a clean criminal and immigration record. You can’t have any prior deportation orders or a criminal history that would otherwise prevent you from being admissible. If you came with a visa, you may only apply for Adjustment of Status in the United States if you have one or less period of times you have overstayed your allowed stay in the United States. You cannot apply for Adjustment of Status if you have over-stayed the visas two or more times.

Qualification 2: – Petitioner – An immediate relative can petition for you. Eligible “immediate relatives” include: a U.S. citizen spouse, a U.S. citizen child who is at least 21 years old or older, and U.S. citizen parent whose child is under the age of 21.

Qualification 3: – Present in the USA – You must be physically present in the United States. You also cannot leave the United States while your application is pending without first seeking permission from United States Citizenship and Immigration Services. Even then, we do not recommend it.

Qualification 4: – Medical Exam – A medical examination must be completed and sent in with your application for Adjustment of Status. The medical examination must be completed by a doctor who has been authorized by United States Citizenship and Immigration Services to perform the exam. The medical exam verifies that you have all of your required vaccinations and that you don’t have any serious, contagious diseases that could get others sick. The doctors do charge for completing the medical exam and their rates vary.

Qualification 5: – Economic Capacity – The person petitioning for you must be able to prove that they earn sufficient money to support his or her household. For this requirement to be met your petitioning family member must provide his or her tax returns for the last 3 years and proof of employment. The government requires this information to make sure that when you get your green card, you won’t need to depend on government assistance, like food stamps and welfare. If the petitioner does not make enough income or is not working, a co-sponsor with sufficient income capacity will be needed.

Step One – Gather the required documents

Documents must be gathered to show that you meet the requirements. This means you must gather documents including your proof of legal entry or 245(i) protection, your completed medical exam, proof of your relationship with the petitioner, your petitioner’s taxes, and co-sponsor documents if needed.

Step Two – Mail applications and supporting documents to United States Citizenship and Immigration Services (“USCIS”).

You are also eligible to apply for a work permit with your application for your green card. The work permit gives you permission to work in the United States while your application for your green card is still being reviewed by USCIS.

After the 6-9 month processing time is done and USCIS has completed the review of your application, you will either receive your approval notice by mail or receive an interview notice from USCIS. Interviews are always required when your petitioner is your spouse. The Immigration Officer will ask questions to confirm that the relationship between you and your petitioner is valid. He or she will also ask you questions about your immigration and criminal history to make sure you qualify for a green card.

• Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.
• Be a permanent resident (have a “Green Card”) for at least 5 years.
• Show that you have lived for at least 3 months in the state or USCIS district where you apply.
• Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400.
• Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.
• Be able to read, write, and speak basic English.
• Have a basic understanding of U.S. history and government (civics).
• Be a person of good moral character.
• Demonstrate an attachment to the principles and ideals of the U.S. Constitution.

• Have the right to vote in state and national elections.
• Run for Office
• Being eligible for federal employment benefits
• Visit your home country and you family for long periods of time
• Avoid deportation
• Benefit for US tax laws
• Become a US passport holder
• Bring a family member to the US

• Participate in the democratic process
• Respect others’ rights
• Defend the country if called upon
• Defend and support the Constitution
• Respect the law
• Pay taxes
• Serve on a jury if called upon