What Is Adjustment of Status and Who May Qualify in Ohio?
What Is Adjustment of Status and Who May Qualify in Ohio?
For many immigrants already living in the United States, obtaining a Green Card does not necessarily require leaving the country. Adjustment of status is the process that allows certain eligible individuals who are physically present in the United States to apply to become lawful permanent residents.
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For immigrants in Ohio, understanding whether adjustment of status is available can be an important step toward permanent residence. Eligibility depends on several factors, including the basis for the Green Card, immigration history, manner of entry, visa availability, and admissibility.
What Is Adjustment of Status?
Adjustment of status allows an eligible person who is already in the United States to apply for lawful permanent residence without completing immigrant visa processing at a U.S. consulate abroad. The primary application used for this process is Form I-485, Application to Register Permanent Residence or Adjust Status.
Sintsirmas Immigration Law Co. LPA assists individuals with adjustment of status through immigration classifications that include family-based, employment-based, special immigrant, and humanitarian pathways.
Who May Qualify for Adjustment of Status?
There is no single set of circumstances that makes everyone eligible. Requirements depend on the immigration category being used.
Generally, adjustment under INA §245(a) requires an applicant to be physically present in the United States, have been inspected and admitted or paroled into the country, qualify for an immigrant visa, have a visa immediately available when required, and be admissible to the United States. Exceptions and alternative provisions apply in some circumstances.
Potential pathways may include:
- Marriage or another qualifying family relationship
- Employment-based immigration
- Certain humanitarian programs
- Certain special immigrant classifications
- Other immigration categories authorized by federal law
The requirements vary considerably depending on the pathway.
Can You Adjust Status Through a Family Member?
Yes, many adjustment applications are based on an approved or pending family petition.
For example, immediate relatives of U.S. citizens include spouses, unmarried children under 21, and parents of U.S. citizens who are at least 21 years old. Immediate relatives generally have immigrant visas immediately available and may, when otherwise eligible, file Form I-485 concurrently with Form I-130.
Other family-based applicants may have to wait until an immigrant visa becomes available before they can file for adjustment of status.
Can You Adjust Status Through Employment?
Employment-based immigration can also provide a basis for adjustment of status.
For example, someone pursuing permanent residence through an employment category such as EB-3 may eventually be eligible to file Form I-485 if they are in the United States, a visa is available, and they satisfy the other applicable requirements.
Because most employment preference categories are subject to annual numerical limits, applicants may need to monitor their priority date and the Department of State's Visa Bulletin before they can move forward.
Why Does Visa Availability Matter?
Having an approved immigrant petition does not always mean you can immediately apply for a Green Card.
For numerically limited family- and employment-based categories, an immigrant visa generally must be available before an applicant can file for adjustment of status. Visa availability is determined using the applicant's immigration category, priority date, country of chargeability, and applicable Visa Bulletin chart.
Immediate relatives of U.S. citizens are treated differently because immigrant visas are always available in that category.
What Happens After You File Form I-485?
The exact process varies, but an adjustment-of-status case can involve several stages.
After filing, USCIS may schedule a biometrics appointment, request additional evidence, conduct required background and security checks, and schedule an interview when applicable.
Applicants should carefully respond to USCIS notices and keep their contact information current while the application is pending.
Depending on the circumstances and eligibility, applicants may also pursue employment authorization and travel documentation while their adjustment case is pending.
Can Immigration Violations Affect Eligibility?
Yes. Immigration history can significantly affect whether someone qualifies for adjustment of status.
Potential issues may include:
- Entry without inspection
- Failure to maintain lawful immigration status
- Unauthorized employment
- Prior removal proceedings or orders
- Certain criminal matters
- Fraud or misrepresentation
- Previous immigration violations
- Other grounds of inadmissibility
However, the rules contain important exceptions. For example, certain adjustment bars do not apply to immediate relatives of U.S. citizens, and other exceptions or waivers may apply depending on the immigration category and circumstances.
Because of these exceptions, someone should not assume that a past immigration problem automatically makes adjustment impossible—or that being eligible for an immigrant petition automatically makes them eligible to adjust status.
What if You Entered the United States Without Inspection?
For adjustment under the general rule of INA §245(a), an applicant typically must have been inspected and admitted or paroled into the United States.
However, immigration law contains exceptions and alternative adjustment provisions for certain applicants. For example, INA §245(i) can allow some individuals who would otherwise face adjustment barriers to pursue permanent residence if they meet its specific requirements.
This is one reason it is important to review an individual's complete immigration history before deciding how to pursue a Green Card.
Is Adjustment of Status the Same as Consular Processing?
No.
Adjustment of status generally allows an eligible applicant already in the United States to pursue permanent residence from within the country.
Consular processing generally involves completing the immigrant visa process through a U.S. embassy or consulate abroad.
Which option is available or appropriate depends on factors such as the applicant's location, immigration history, manner of entry, and eligibility.
Why Should You Review Your Eligibility Before Filing?
Form I-485 is not simply another immigration form. Filing an application without understanding potential eligibility problems can create serious complications.
Before applying, it is important to determine the immigration category supporting the application, whether a visa is available when required, whether any adjustment bars apply, and whether there are potential grounds of inadmissibility.
A careful review can also help identify whether an exception, waiver, or different immigration process may need to be considered.
How Can Sintsirmas Immigration Law Co. LPA Help?
Sintsirmas Immigration Law Co. LPA represents individuals in Ohio with adjustment of status and other immigration matters. The firm has more than 70 years of combined legal experience and assists clients with identifying their immigration classification and navigating the permanent residence process.
If you are already in the United States and want to know whether you may qualify to obtain a Green Card through adjustment of status, contact Sintsirmas Immigration Law Co. LPA to discuss your immigration history, eligibility, and available options.
