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Who Can Apply for Adjustment of Status?

Adjustment of status is the technical term the immigration authorities use to describe a green card application. it is the process you need to follow to secure the right to live and work in the United States if you are already on American soil.

A green card allows you to live and work permanently in the United States on a permanent basis if you abide by the county’s laws. You cannot work in the USA in the absence of a green card unless you have a non-immigrant visa such as an L, H, or O visa or an employment authorization card.

To secure adjustment of status, you must be eligible for a green card in one of the following categories:

  • Family : You may qualify for a family-based green card if you are the spouse, parent, child, or another close relative of a U.S. citizen or a permanent resident.
  • Employment: You may apply for an employment-based green card if you have already been legally working in the United States.
  • Other: Refugees, asylees, or others applying on humanitarian grounds such as human trafficking victims may qualify for adjustment of status.

How Do I Find Out If I am Eligible for Adjustment of Status?

A great first step to find out if you are eligible for adjustment of status is to visit the U.S. Citizenship and Immigration Services’ page on green card eligibility categories.

Relatives of U.S. citizens or relatives of lawful permanent residents receive more green cards than any other category. The government issues more than a million a year to family members.

Our Virginia Beach-based immigration lawyers help many spouses of U.S. citizens to adjust their status every year. These spouses often met American service personnel from Hampton Roads while they were posted overseas. USCIS defines the spouse of a U.S. citizen, the unmarried child of a U.S. citizen under the age of 21, and the parent of a U.S. citizen who is at least 21 years old as an immediate relative. These relatives get special priority in the immigration system. There is no limit on the number of visas for immediate relatives.

You may also be eligible for adjustment of status under the family-based preference categories as other relatives of U.S citizens or relatives of green card holders.

This category includes the unmarried daughter or son of a U.S. citizen over the age of 21, a married son or daughter of a U.S citizen, or the brother or sister of a citizen aged 21 or older.

The spouse of a lawful permanent resident, an unmarried child of a lawful permanent resident under the age of 21, or the unmarried child of a permanent resident aged 21 or older, also fall into the family-based preference category.

The fiancé or fiancée of a U.S citizen who holds a K-1 non-immigrant visa and the child of a fiancé or fiancée of a U.S citizen who holds a K-2 non-immigrant visa is also eligible for adjustment of status.

The widow or widower of a U.S citizen can also apply for adjustment of status if they were married to the citizen at the time he or she died.

The federal Violence Against Women Act (VAWA) allows adjustment of status for abused spouses of citizens or lawful permanent residents, abused children of U.S. citizens or lawful permanent residents under 21, and abused parents of U.S. citizens.

Some workers can apply for adjustment of status and green cards through their employment in the United States. Although an employer is required to obtain labor certification and file immigrant petitions for workers, employees can apply for adjustment of status once they are in the United States.

You have a higher chance of success if you are a first preference immigrant worker, meaning you have an “extraordinary ability” in the arts, science, education, business, or athletics. USCIS also prioritizes outstanding professors or researchers, and multinational managers and executives who meet certain criteria.

The immigration authorities are exacting about first preference immigration workers. However, professionals with advanced degrees, those with “exceptional abilities” in the arts, science, or business, or people seeking a national interest waiver may apply in the second preference category.

Skilled workers whose jobs require at least two years of training, professionals holding a bachelor’s degree, and unskilled workers can apply for adjustment of status as third preference immigration workers. However, acceptance rates are lower. Applicants must show that they are performing work for which qualified workers are not available in the United States.

USCIS also allows adjustment of status for doctors who agree to work full-time in underserved areas under the Physician National Interest Waiver. Immigrant investors can apply under another highly specialized work-based area of green card eligibility. You must have invested at least $1.05 million (or $800,000 in a targeted employment area or a U.S. infrastructure project). Your money must go into a new commercial enterprise that creates at least 10 full-time positions.

Certain categories of special immigrants can apply for adjustment of status including people who arrived in the U.S. to work in a nonprofit religious organization, juveniles who require the protection of a juvenile court due to abuse or neglect, or Iraqi or Afghani nationals who worked with the U.S. government during recent wars and occupations. International broadcasters or retired officers or employees of international organizations or NATO may also apply.

Refugees or asylees may apply for adjustment of status if they were granted asylum or admitted into the U.S. as a refugee at least a year ago.

Human trafficking victims who hold T non-immigrant visas or crime victims who hold U non-immigrant visas may apply for adjustment of status. USCIS also recognizes certain specialist categories including Cuban natives under the Cuban Adjustment Act, people selected via the Department of State’s diversity lottery, Liberians under the Liberian Refugee Immigration Fairness program, and people born in the United States to a foreign diplomat.

Eligibility for adjustment of status can be complicated. The rules vary depending on which category you use. However, one consistent rule is that the applicant must be physically present in the United States. Applications from outside the country are dealt with via U.S. consulates abroad.

An immigration petition must have been approved in the case of family-based applicants. Petitions are subject to quotas. Higher priority family and employment-based applications are more likely to be successful. It makes sense to hire an experienced immigration attorney to help you deal with these confusing adjustment of status applications. Call Gardner & Mendoza at (757) 464-9224 to set up a meeting about adjustment of status or contact us via our website.

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Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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