Adjustment of Status

ADJUSTMENT OF STATUS

Some foreign citizens present on U.S. soil are allowed to change their immigration status from temporary (“non-immigrant”) to permanent (“immigrant”) without leaving the United Status.

That process, called “Adjustment of Status,” allows the intending immigrant to remain in the U.S. so long as he or she (1) was inspected and admitted/paroled by U.S. immigration officials at a port of entry, and (2) meets all required qualifications for permanent residence for a particular category.

The first requirement can be a “deal breaker” where the intending immigrant entered the United States without inspection. And even if the intending immigrant entered the U.S. lawfully (for example, with a visitor or student visa), that individual must “fit” into one of the immigrant categories that exist under U.S. law.

One of the most common Adjustment-of-Status scenarios occurs where a foreign citizen lawfully enters the country and later marries a U.S. citizen. In many cases, the U.S. citizen can then petition for his or her foreign spouse to immigrate to the U.S., and the foreign spouse can concurrently apply for legal permanent residence (“green card”) and employment authorization. This one-step process is called “Concurrent Filing.”

Keep in mind that marriage to a U.S. citizen is not the only way to adjust one’s immigration status. If you are wondering whether you or someone you know is eligible to become a legal permanent resident, contact Rosi & Gardner, P.C. at (231) 941-5878.