The adjustment of status process allows certain immigrants already in the United States to apply for a green card without leaving the country. For many individuals living in California, this option can feel less stressful than consular processing abroad. This guide explains how adjustment of status works, who qualifies, and what risks to consider before applying.
What is Adjustment of Status?
Adjustment of Status (AOS) allows certain noncitizens already in the United States to become lawful permanent residents (green card holders) without having to return to their home country. Instead of applying for an immigrant visa through a consulate abroad, you can complete this process entirely within the U.S. It can be a more convenient and less stressful option if you are eligible.
The U.S. Citizenship and Immigration Services (USCIS) is the agency responsible for overseeing AOS applications. This pathway is commonly used by spouses of U.S. citizens, immediate family members, and certain employment-based applicants. For many immigrants, especially those facing barriers to travel, AOS can be a lifeline.
Who is Eligible for Adjustment of Status?
To qualify for adjustment of status, you must meet specific eligibility requirements. Here are the key criteria:
- Lawful Entry into the U.S.
Most applicants must have entered the U.S. lawfully, which means they were inspected and admitted or paroled by an immigration officer. - An Approved Petition
Typically, you’ll need an approved immigrant petition, such as Form I-130 (for family-based immigration) or Form I-140 (for employment-based immigration). There are exceptions, such as for immediate relatives of U.S. citizens, who can file their petition and AOS application concurrently. - Visa Availability
A visa must be immediately available for your category. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) do not face visa backlogs, while other categories may need to wait for their priority date to become current. - No Violations of Status (for Some Categories)
Individuals applying through employment or non-immediate family-based categories usually must maintain lawful immigration status while in the U.S. Immediate relatives of U.S. citizens, however, are exempt from this requirement. - Medical and Security Clearances
You must pass a medical exam and not have any criminal or security issues that make you inadmissible to the U.S.
Common Scenarios for Adjustment of Status
Many individuals seek adjustment of status in a variety of circumstances. Below are some of the most common:
1. Marriage to a U.S. Citizen
For immigrants married to U.S. citizens in California, AOS is often the simplest way to secure a green card. California, with its large immigrant population, is home to many individuals pursuing this option.
If your marriage is genuine and not entered into solely for immigration benefits, you may file a concurrent application, including Form I-130 and I-485. Evidence of your relationship, such as joint financial accounts and photos, will be critical to your case.
2. Family Reunification
Immediate family members of U.S. citizens, including parents and minor children, often pursue AOS to reunite with their loved ones without the need to travel abroad. This option can prevent families from facing the emotional strain of separation during the immigration process.
3. Employment-Based Green Card Holders
If you have secured an employment-based green card opportunity and are already lawfully in the U.S., you may adjust your status without leaving the country. Work authorization and certain priority dates play a role in this process.
Risks and Limitations of Adjustment of Status
While adjustment of status is a powerful tool, it comes with risks and limitations, particularly for undocumented immigrants.
Risk #1. Unauthorized Presence
Undocumented immigrants and those who have overstayed their visas may face challenges with adjustment of status. However, if you qualify as an immediate relative of a U.S. citizen, these issues may not prevent your application. It’s crucial to consult with an attorney who can evaluate your specific case.
Risk #2. Fraud or Misrepresentation
If you entered the U.S. using false documents or misrepresented your intent, this could bar you from adjusting your status. There are waivers available in some cases, but they require a thorough analysis by an experienced immigration attorney.
Risk #3. Travel Restrictions During Application
Once you apply for AOS, traveling outside the U.S. without advance parole can result in your application being considered abandoned. Always discuss travel plans with your attorney before leaving the country.
Risk #4. Complex Immigration History
If you’ve had prior immigration violations or deportation orders, your path to AOS may be more complicated. Specialized legal advice is necessary to avoid potential pitfalls.
The Importance of Individualized Legal Guidance
Immigration law is complex, and no two cases are exactly alike. Especially here in California, where diverse immigrant communities bring unique circumstances to the table, personalized legal advice is a must. Working with an immigration lawyer can help you understand your options, avoid mistakes, and build a stronger case for adjustment of status.
At Basseliz Law Group, we take the time to assess your individual situation and provide compassionate counsel. Whether you’re applying based on marriage, family connections, or an employment opportunity, we’ll guide you through every step.
Need Legal Assistance in Southern California? Basseliz Law Group is Here To Help
Whether it’s family law, criminal law, or immigration, at Basseliz Law Group, we have made it our mission to help you navigate the legal process with confidence.
From our offices in Riverside, California, we serve clients from all over Southern California, including Moreno Valley, Menifee, Murrieta, Pomona, and beyond. Contact us today at 951-389-0021 or send an email to info@basselizlaw.com.
