Claudia Slovinsky

Adjustment of Status

Adjustment of status allows for an individual who qualifies for permanent resident status (a green card), generally either through a family petition or an offer of employment, and is currently in the United States in legal status, to change from a temporary to permanent status without having to leave the United States.

The foreign national may adjust if he or she was "inspected and admitted or paroled" into the U.S. upon entry and can meet all the requirements for permanent residence in one of the various eligibility categories. In most cases, a petition has been filed, or is contemporaneously filed, by a family member or by an employer. Foreign nationals who entered the United States without permission, generally are not able to adjust status in the United States, even if a petition by a family member or an employer has been approved. They may, however, be able to apply permanent residence at a U.S. consul abroad. Additionally, unless the adjustment of status application is based on marriage to a U.S. citizen or on a petition by an adult U.S. citizen son or daughter, the foreign national must show that they have not been out of status or worked in the U.S. without authorization in the past.

A foreign national may also apply for adjustment of status one year after being granted asylum or refugee status or one of several other special humanitarian statuses.

An important benefit for those applying for adjustment of status is the ability to obtain employment authorization while the application is pending.

Our lawyers will guide you through the process of applying for adjustment of status, from the initial application to preparing for and attending the adjustment of status interview. With many years of experience dealing with the agencies involved, your lawyer will ensure the smoothest processing possible and will know how to solve the bureaucracy-induced problems that may occur.