How Do I Know if I Am Eligible for Adjustment of Status?

 Posted on November 15,2024 in green cards

When someone wants to apply for permanent residency in the United States — also referred to as getting a green card — there are two options: consular processing and adjustment of status. Consular processing is when the applicant is outside the U.S. and applies for a green card through the U.S. embassy in his or her home country. An adjustment of status, on the other hand, is when a person applies for a green card while in the United States.

To apply for adjustment of status, you need to fulfill certain criteria. These conditions are not always easy to meet, so it is best to consult a Texas immigration attorney about your eligibility for a green card. Here are some of the requirements for adjustment of status in the United States.

You Must Have No Grounds of Inadmissibility

The United States Customs and Immigration Services (USCIS) has a list of factors that make someone ineligible for a green card. These are called grounds of inadmissibility, and they include:

• Having a record of committing certain crimes
• Having certain health conditions
• Abusing drugs
• Having engaged in prostitution within the last 10 years
• Entering the United States illegally

This is not an exhaustive list. Someone who is inadmissible will likely be denied adjustment of status unless he or she can successfully apply for a waiver of inadmissibility, which offers the applicant special allowance to apply for a green card.

You Must Be in the United States Legally

If you are applying for adjustment of status, you must be in the U.S. legally. Otherwise, you are considered to have an "unlawful presence" in the country. For example, if you entered the country illegally or overstayed a visa, you are not eligible for adjustment of status.

You Must Fit Into a Green Card Eligibility Category

To be considered for adjustment of status, you must fit into one of the green card eligibility categories. These are groups of people who can qualify for permanent residency, and they include:

• Immediate relatives of U.S. citizens: If you are an immediate family member of a U.S. citizen, you may be eligible for a green card.
• Other relatives of U.S. citizens: More distant relatives of U.S. citizens might still be able to qualify for permanent residency.
• Immigrant worker: You may be eligible to apply for a green card through your employment if you are sponsored by your employer.
• Diversity visa lottery: The U.S. government has a lottery that offers visas to people in other countries with low immigration rates.
• Refugee or asylee: A refugee or someone who is seeking asylum may be eligible for a green card after one year.

Contact a Plano, TX Immigration Attorney

The above are just three of the requirements for adjustment of status eligibility and the application process is complex. Make sure you are taking the right steps toward permanent residency by consulting the Law Office of Jae Lee. As an experienced immigration attorney and the child of immigrants, attorney Jae Lee understands the challenges applicants face and is committed to guiding you through them. Call 214-295-3014 to schedule a free consultation with a Dallas, TX immigration lawyer today.