Adjustment of status

ADJUSTMENT OF STATUS

(Becoming LPR/ green card holder)

1. Becoming a lawful Permanent Resident (Adjustment of status/Green card holder) through employment

You may be eligible to become a lawful permanent resident, LPR, based on an offer of permanent employment in the United States.

Several immigrant visa categories are based on employment. Your education, skills and work experience are some of the factors used to determine if the individual is eligible for a specific type of employment-based visa.

Priority Workers

This category includes individuals who have/are:

• Extraordinary ability in the sciences, arts, education, business, or who are athletes who have national or international acclaim and whose achievements are recognized in their fields.
• Outstanding professors or researchers.
• Certain multinational executives or managers.

Professionals

You must have an advanced degree or an exceptional ability in the sciences, arts, or business (the requirement for a job offer may be waived for those in this category if such waiver is in the national interest).

Skilled Workers, Professionals, and Other Workers

If you don’t petition for yourself, your employer must obtain a labor certification from the Department of Labor (DOL) and then file Form I-140, Immigrant Petition for Alien Workers, on your behalf. For occupations where DOL has already determined that there is a shortage, you do not need a labor certification.

Employment Creation

Foreign nationals who are making investments in a new commercial enterprise (business) in the United States, may qualify under this category and may file Form I-526, Immigrant Petition by Alien Investor.

Visa Availability

The Immigration and Nationality Act (INA) sets the number of immigrant visas that may be issued to individuals seeking lawful permanent resident status (a “Green Card”) each year.

The U.S. Department of State is the agency that distributes immigrant visa numbers. Employment-based immigrant visas are limited to 140,000 per year. In addition, there are limits to the percentage of immigrant visas that can be allotted to each country. Immigrant visas for individuals are limited and not always available. For more information on employment-based preference categories,

How to File

If You Are Living Outside the United States

You can become a permanent resident through consular processing. This is when USCIS works with the Department of State to issue an immigrant visa based on an approved Form I-140, Form I-360, or Form I-526 when an immigrant visa is available for a specific employment-based visa category and country.

If you are living in the United States

Once your employer has filed a Form I-140, you may apply for lawful permanent resident status on Form I-485, Application to Register Permanent Residence or Adjust Status, if an immigrant visa is available. We must approve your Form I-140 before we can adjudicate your Form I‑485.

If you are seeking to adjust status through employment creation, you cannot file your Form I-485 until we approve your Form I-526.

To apply for adjustment of status to become a lawful permanent resident, you need to file Form I-485 along with the required evidence and supporting documentation After You File

If you are applying to adjust your status, you must apply for and receive work authorization if you want to work while your Form I-485 is pending.

• Adjustment of Status through Asylee Status

If you have been granted asylee status, you are eligible to apply for a Green Card (Permanent Resident Card) one year after receiving your grant of asylum.

If you are an asylee, you may apply for a Green Card one year after being granted asylum if you:

• Are in the United States when you file the application and you have been physically present in the United States for at least one year after being granted asylum;
• Continue to meet the definition of an asylee (or continue to be the spouse or child of an asylee);
• Have not abandoned your asylee status;
• Your grant of asylum has not been terminated;
• Are not firmly resettled in another country; and
• Continue to be admissible to the United States. (A waiver may be available to you under section 209(c) of the Immigration and Nationality Act if you are now inadmissible).

Moreover, your spouse and children are also eligible to apply for a Green Card one year after they’ve been physically present in the United States after they were admitted to the United States as asylees or were granted asylum.

You must file form I-485 with all required evidence and support documentation along with Form I-693.

• Adjustment of Status through refugee status

If you were admitted to the United States as a refugee, you must apply for a Green Card (officially known as a Permanent Resident Card) in the United States after one year of being in the United States as a refugee.

You are eligible to apply for lawful permanent resident (LPR) status if you:

• Have been physically present in the United States for at least one year after being admitted as a refugee;
• You are physically present in the U.S. when filing Form I-485;
• Have not had your refugee admission terminated; and
• Have not already received a Green Card.

You must file form I-485 with all required evidence and support documentation along with Form I-693.

• Adjustment of Status through U.S. Citizen petition.

If you are a U.S. citizen, you may be able to apply for certain family members to become a lawful permanent resident (get their Green Card).  Becoming a lawful permanent resident is a two-part process which includes the petition you file for your relative (Form I-130, Petition for Alien Relative) and your relative’s application for adjustment of status (Form I-485, Application to Register Permanent Residence or Adjust Status) or an immigrant visa through the Department of State.    

As a U.S. citizen, you may file for the following “preference” relatives:

• Your unmarried sons or daughters over 21 years of age;
• Your married sons or daughters (any age); and
• Your siblings.

If your qualifying relative currently resides in the United States and wants to apply for lawful permanent resident status, he or she may apply when a visa is available.

If your qualifying preference relative is abroad, he or she will apply for an immigrant visa through the Department of State after your petition is approved. 

You may file Form I-130 to petition for your relative online or by paper. Call us to receive legal advice before you file.

Under U.S. law, every person who immigrates based on a relative petition must have a financial sponsor. Relatives in the United States who wish to complete the process of becoming a lawful permanent resident may also need to file Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-864, Affidavit of Support Under Section 213A of the INA.

• Adjustment of Status for Immediate relative of a U.S Citizen

If you are a U.S. citizen, you may be able to petition for certain family members to become a lawful permanent resident (get their Green Card).  Becoming a lawful permanent resident is a two-part process. You must file a petition for your relative (Form I-130, Petition for Alien Relative) and your relative must apply for adjustment of status (using Form I-485, Application to Register Permanent Residence or Adjust Status) or for an immigrant visa through the Department of State.  

As a U.S. citizen, you may file a petition for the following “immediate relatives”:

• Your spouse;
• Your unmarried child under 21 years of age; or
• Your parent (if you are 21 years of age or older).

If your qualifying immediate relative currently resides in the United States and wants to apply for lawful permanent resident status, they may apply using Form I-485 at the same time or after you file Form I-130. 

If your qualifying immediate relative does not live in the United States, they must wait until we have approved your Form I-130 petition before they apply for an immigrant visa through the Department of State. 

You may file Form I-130 to petition for your immediate relative online or by paper. Call us to receive legal advice before you file.

If your relative resides abroad and we approve your Form I-130, the National Visa Center will contact your relative for additional information. Relatives in the United States who wish to complete the process of becoming a lawful permanent resident may also need to file Form I-485, Application to Register Permanent Residence or Adjust Status.

Under U.S. law, every person who immigrates based on a relative petition must have a financial sponsor. You may need to file Form I-864, Affidavit of Support Under Section 213A of the INA.