Disclaimer: The information below is a basic explanation of the Adjustment of Status process. Each immigration case is different based on a person’s individual immigration, family, and criminal history.
Adjustment of Status for Permanent Residency is obtained by filing an application with U.S. Citizenship and Immigration Services (“USCIS”). In order to be eligible to apply for Adjustment of Status, the applicant must have an immigrant visa immediately available, be physically present in the United States, be admissible to the United States, and have either entered the United States lawfully or be eligible for an exception to this general rule (such as an approved VAWA Applicant or an Applicant who can adjust through 245(i) or 245(m) of the Immigration & Nationality Act).
An Applicant who has immigration violations and is inadmissible may be eligible to file a waiver of immigration violations along with their Adjustment of Status Application. Whether a person is eligible for a waiver depends on the nature of the immigration violation, whether a waiver exists for this particular violation, and whether the applicant meets the eligibility requirements for the waiver.
When an Application for Adjustment of Status is filed, the Applicant may also file an application for an Employment Authorization Document (“Work Permit”). This work permit is valid and may be renewed while the Application for Adjustment of Status is pending with USCIS.
Once an Application for Adjustment of Status is approved, the Applicant will become either a Lawful Permanent Resident of the United States or a Conditional Permanent Resident of the United States (if the visa is based on a marriage that has existed for less than two years at the time of the approval of the Adjustment Application). If the Applicant is a Conditional Resident, his/her Residency will be granted conditionally for two (2) years, and then a petition to remove conditions on residency must be filed with USCIS within the 90 days before the Conditional Resident Status expires.
For advice specific to your case, please call Dady & Hoffmann LLC at (815) 394-1359 to set up a consultation with one of our attorneys.