How to Apply for an Adjustment of Status
If you entered the U.S. on a valid visa and decide that you would like to stay permanently, you may qualify for an adjustment of status. If your adjustment of status is approved, you will hold permanent residency in the U.S. and be able to live and work wherever you wish. You will also have the right to enter and leave the country as you please. After holding permanent residence for five years, you will be eligible to apply for U.S. citizenship (See References 1).
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Things You'll Need
- Valid U.S. visa
- Form I-864 or Form I-797
- Form I-693
- Form I-485
- Form G-325
- Copy of I-94 document
- Manila envelope
- Copy of birth certificate
- Copy of visa passport page
- Application fee
Instructions
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Have a valid visa entitling you to be legally present in the U.S.
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Be employed full time on an employment visa, married to a U.S. citizen or permanent resident, or be the dependent of a U.S. citizen or permanent resident.
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Verify that your spouse, immediate family member, or place of employment will agree to sponsor your application. Each applicant must have a sponsor. Your sponsor must agree to be financially responsible for you for 10 years following the approval of your permanent residency. This is to prevent you from seeking government assistance (See References 2).
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Ask your sponsor to fill out Form I-864, Affidavit of Support. This is evidence of your sponsor's current income level. Your sponsor must have an income level that is 125% above the current federal poverty level (See References 2). If your employer is sponsoring you, he will need to submit a Form I-797 demonstrating the need for your permanent services.
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Get a physical from a civil surgeon who is registered with U.S. Immigration Services. Ask the physician to fill out Form I-693. This is the Medical Examination of Aliens Seeking Adjustment of Status.
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Fill out Form I-485, Application to Register Permanent Residence or Adjust Status.
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Fill out Form G-325. This is a biographical information sheet and is not necessary if you are younger than 14 or older than 79.
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Make a copy of your I-94, Non-immigrant Arrival/Departure record. This document shows when you entered the U.S. and is evidence of your current immigration status. Immigrants from Canada are not required to hold an I-94.
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Place your documentation into a manila envelope along with a copy of your birth certificate and non-immigrant visa passport page.
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Include the $930 application fee ($600 if you are under the age of 14) along with any other applicable fees that apply to your specific situation.
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Mail the envelope containing your application paperwork and payment to U.S. Citizenship and Immigration Services. The branch of USCIS that you will need to mail the application to is dependent upon the category under which you are currently filing (See References 3).
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Tips & Warnings
If you change your address at any point after mailing your application, but before being approved for permanent residency, you must notify the U.S. consulate within 30 days of your new address.
Translators from Afghanistan or Iraq must file applications for permanent residency with the USCIS Nebraska Service Center, regardless of their current filing status.
If you do not currently have a work permit but would like one while your application is being processed, you may file Form I-765. You will receive a work permit within 30 to 60 days.
If your application is denied, the money you paid in fees will not be refunded to you.
If USCIS requests a personal interview, you must attend the interview or risk having your application rejected.
