I-485: Adjustment of Status

Adjustment of Status can be defined as the process a nonimmigrant goes through to change his/her legal status to permanent resident. Adjust of Status is further an application process consisting of forms and application fees, and only individuals in the United States may apply. It is important to notice that not everyone qualifies for Adjustment of Status.

The Adjustment of Status application process consists of application forms, a medical examination, affidavit of support(if required), an approval from immigration and a copy of the passport. Proof of family ties must also be included for applications based upon family relationships. An interview may be scheduled for employment and family based applications, but it is always conducted in marriage cases. Once the Adjustment of Status is approved, the itself is mailed to the applicant with a couple of months. There are however different requirements that must be fulfilled before an individual may qualify for Adjustment of Status:
  • The immigrant visa petition must be approved by the USCIS
  • An immigrant number must be available from the Department of Homeland Security (DHS)
  • In certain situations, the petition will be approved by the USCIS but an immigrant number is not available from the DHS, which means that it may take months or even years before an individual may be able to actually adjust status to become a lawful permanent resident

Benefits of applying for Adjustment of Status:

  • Applicants are legally permitted to stay in the United States while the petition is being processed and an immigrant number obtained
  • Applicants may work legally and obtain employment authorization (EAD) while the application is pending
  • In certain situations it is possible to apply for a Green Card together with the application for Adjustment of Status
  • A police clearance is not required to support the application
  • A potential denial or negative outcome of the application may be appealed while you are in the United States
  • Eligible applicants for “Adjustment of Status” does not have to travel abroad to obtain the immigrant visa

It is possible to leave the United States and work abroad while the Adjustment of Status application is being processed. However, an approved travel document(Parole)must be applied for and approved. The travel document must be renewed annually.

Commuter Green Card:

A Commuter Green Card is the euphemistic term for a form of INS-permitted Resident Alien Status predicated on ongoing U.S. employment. Ordinarily, one lives in the U.S. and derives resident status from actual “residency”. In the case of the Commuter Green Card holder, he or she derives the residency status from a U.S. Supreme Court doctrine, codifying a unique cross border living and employment practice of many Mexicans and Canadians, reflecting an integrated cross-border community. The individual resides in his or her home country (i.e. Mexico or Canada) and is employed in the U.S. The Commuter Resident Alien derives his or her residency status from ongoing U.S. employment. Disrupt the employment for one year, and one may be considered to have “abandoned” the Commuter Residency status.

To apply for Citizenship, You must move to the U.S., notify INS (to change to code on your Green Card), prove, if requested, that you are actually living in the U.S. and then, with the move, the clock counts towards qualifying for naturalization and you may petition for certain relatives.