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Adjusting Status to Permanent Residency

August 11th, 2011 by Eleanor Gaskin

Form I-485 – Application to Register Permanent Residence or Adjust Status is submitted by an individual wishing to obtain permanent resident status. It has to be filed with supporting evidence, and may be filed in conjunction with several other applications or petitions.

If you are a US citizen and your spouse is currently in the United States, your spouse may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130, Petition for Alien Relative

The Adjustment of Status application is a request made by the the foreign national for a green card or permanent resident status. The person filing for adjustment of status is required to be present in the US. A fee is required when filing this form. Additional photographs of the foreign national has to be submitted. Apart from this, the foreign national has to attach proof of legal entry into the US such as Form I-94, Arrival and Departure record (a small white card that was stapled into the passport when the foreign national entered the country).

An USCIS accredited doctor will examine the foreign national. The examination report has to be sent along with the application. An affidavit of Support Form I-864 (signed by the U.S. citizen in the presence of a notary public) and all supporting documents should also be included in the packet.

The petitioning spouse, either an American citizen or a lawful permanent resident (Family Second Preference category), is referred to as the Petitioner; the alien is referred to as the Beneficiary when filling out the forms.

Additional Documents to be filed with the Adjustment of Status

  • Form I-485, Adjustment of Status

  • Form I-765, Employment Authorization

  • Affidavit of support form I-864

  • Medical examination I-693

  • Proof of legal entry/I-94 card.

  • Proof of marriage (marriage certificate)

Adjustment of Status Eligibility Requirements:

The following individuals normally would not be eligible to adjust their status

  • persons who entered the US without inspection

  • persons who have fallen out of valid non immigrant status or who have otherwise violated the terms of their status

  • persons engaged in unauthorized employment

  • crew members who entered the US with a D visa

  • persons admitted in the transit without visa category

  • persons admitted under the Visa Waiver Pilot Program (now the Visa Waiver Permanent Program)

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