Adjustment of Status

This is generally the process of obtaining lawful permanent resident status in the United States without having to leave the United States to do so. This process is different from change of status, which generally applies to non-immigrants moving from one nonimmigrant status to another. The adjustment of status option is unavailable to many persons who entered the United States without inspection, or who violated status while in the United States, or on whose behalf an application for labor certification or a preference petition was not filed on or before April 30, 2001.

When a foreign national is granted adjustment of status by USCIS (immigration) his/her status changes to that of “United States Resident”.  A resident receives an identification card, also known as a “green card”, as evidence of their status.  With adjustment of status, a resident is able to legally work in the United States, own property, travel internationally, and obtain other vital services reserved for individuals with lawful immigration status.

While adjustment of status comes with many benefits for the applicant, the process tends to be complicated and intimidating for those involved.  Beyond the adjustment of status application, applicants usually have to file a relative petition application, employment authorization application, affidavit of support application, and numerous forms of supporting documentation.  Due to the complicated nature of an adjustment of status request it is important that you contact Phillips and McCrea to walk you through the process and assess the possibility of any potential dangers associated with your filing.