An immigrant can adjust their legal status if they are currently in the United States with valid immigration status, such as a nonimmigrant visa or temporary protected status. Some immigrants may be eligible to adjust their status even if they are in the United States illegally if they are granted a waiver. To adjust their current legal status, the immigrant must apply for a new immigration status that allows them to live and work in the United States on a permanent basis. One example is for lawful permanent residnets to obtain a resident alien card, more commonly referred to as a “green card”.
To apply for a green card, an immigrant must first determine if they are eligible. Eligibility is based on a number of factors, including the immigrant’s current immigration status, their relationship to a U.S. citizen or permanent resident, and their employment or education.
If the immigrant is eligible, they can apply for a green card by filing a petition with the U.S. Citizenship and Immigration Services (USCIS). The petition must include supporting documents, such as evidence of the immigrant’s eligibility and their relationship to the U.S. citizen or permanent resident.
After the petition is filed, the immigrant will likely need to undergo a background check and an interview with a USCIS officer. If the petition is approved, the immigrant will receive a green card, which allows them to live and work in the United States on a permanent basis.
Adjusting an immigrant’s legal status is a complex and time-consuming process. It is important for the immigrant to consult with a skilled immigration attorney to understand their options, potential risks and consequences. It is also important to note that there are strict deadlines and other requirements that must be met in order to successfully adjust an immigrant’s legal status. Call us today for a case evaluation!