Adjustment of Status Eligibility

What are the eligibility requirements for an adjustment of status case?

The very first one is that you have to be physically present in the United States. The person in question is the immigrant who is applying to receive the green card. You have to be physically in the United States.

The second requirement of eligibility is that you were inspected or admitted or paroled. This means that you lawfully entered the United States. A few examples of being lawfully admitted into the United States would be individuals who entered on a work visa or a student visa. If you entered the United States without documents, then you would not be eligible for adjustment of status.

The third requirement is that you have to have a visa readily available to you. This means that you have to be an immediate relative or you are married to a United States citizen. If you’re married to a lawful permanent resident, then that would be a different and more complicated process.

The final eligibility requirement is that you have to be eligible or admissible for a green card. The Immigration and Nationality Act has a long list of problems an individual can have that make them ineligible for a green card. In layman’s terms, you just can’t have one of the problems on that list.

If you want to learn even more about adjustment of status and whether or not you’re eligible, check out our free resource center.

See: Adjustment of Status Resources

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