ADJUSTMENT OF STATUS ELIGIBILITY-REQUIREMENTS

Start for free – Don’t pay until you’re finished!

Home > All Immigration Forms > Adjustment of Status Eligibility Requirements

ELIGIBILITY REQUIREMENTS

A foreign national must meet certain eligibility requirements to adjust status to that of a lawful permanent resident (LPR).

In order to apply for a Green Card, you must be eligible under one of the categories listed below. The applicant must have been: •Inspected and admitted into the United States; or •Inspected and paroled into the United States. The applicant must properly file an adjustment of status application. The applicant must be physically present in the United States. The applicant must be eligible to receive an immigrant visa. An immigrant visa must be immediately available when the applicant files the adjustment of status application

  • [1] and at the time of final adjudication.
  • [2]The applicant must be admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.

The applicant merits the favorable exercise of discretion. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements and how to apply.

Green Card through Family

You may be eligible to apply as a…If you are the…
Immediate relative of a U.S. citizen Form I-130, Petition for Alien RelativeForm I-485, Application to Register Permanent Residence or Adjust StatusSpouse of a U.S. citizen unmarried child under the age of 21 of a U.S. citizen Parent of a U.S. citizen who is at least 21 years old
Other relatives of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories Form I-130, Petition for Alien Relative Form I-485, Application to Register Permanent Residence or Adjust StatusA family member of a U.S. citizen, meaning you are the Unmarried son or daughter of a U.S. citizen and you are 21 years old or older Married son or daughter of a U.S. citizen Brother or sister of a U.S. citizen who is at least 21 years old Family member of a lawful permanent resident, meaning you are the Spouse of a lawful permanent residentUnmarried child under the age of 21 of a lawful permanent residentUnmarried son or daughter of a lawful permanent resident 21 years old or older
Fiancé(e) of a U.S. citizen or the fiancé(e)’s child-129F, Petition for Alien Fiancé(e)Form I-485, Application to Register Permanent Residence or Adjust StatusA person admitted to the U.S. as a fiancé(e) of a U.S. citizen (K-1 nonimmigrant)Person admitted to the U.S. as the child of a fiancé(e) of a U.S. citizen (K-2 nonimmigrant)
Widow(er) of a U.S. citizenWidow or widower of a U.S. citizen and you were married to your U.S. citizen spouse at the time your spouse died
VAWA self-petitioner – victim of battery or extreme cruelty I-360, Petition for Amerasian, Widow(er), or Special ImmigrantForm I-485, Application to Register Permanent Residence or Adjust StatusAbused spouse of a U.S. citizen or lawful permanent residentAbused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent residentAbused parent of a U.S. citizen

Green Card through Refugee or Asylee Status

You may be eligible to apply as a…If you are the…
AsyleeForm I-589, Application for Asylum and for Withholding of RemovalForm I-485, Application to Register Permanent Residence or Adjust StatusWere granted asylum status at least 1 year ago
RefugeeWere admitted as a refugee at least 1 year ago

Green Card through Employment

You may be eligible to apply as a…If you are the…
Immigrant Worker Form I-140, Immigrant Petition for Alien Worker Form I-485, Application to Register Permanent Residence or Adjust StatusAre a first preference immigrant worker, meaning you: Have extraordinary ability in the sciences, arts, education, business, or athletics, or Are an outstanding professor or researcher, or Are a multinational manager or executive who meets certain criteria Are a second preference immigrant worker, meaning you: Are a member of a profession that requires an advanced degree, or Have exceptional ability in the sciences, arts, or business, or Are seeking a national interest waiver Are a third preference immigrant worker, meaning you are: A skilled worker (meaning your job requires a minimum of 2 years training or work experience), or A professional (meaning your job requires at least a U.S. bachelor’s degree or a foreign equivalent and you are a member of the profession), orAn unskilled worker (meaning you will perform unskilled labor requiring less than 2 years training or experience)
Physician National Interest WaiverAre a physician who agrees to work full-time in clinical practice in a designated underserved area for a set period of time and also meets other eligibility requirements
Immigrant investor Form I-526, Immigrant Petition by Alien EntrepreneurForm I-485, Application to Register Permanent Residence or Adjust StatusHave invested or are actively in the process of investing at least $1 million (or $500,000 in a targeted employment area) in a new commercial enterprise in the U.S. which will create full-time positions for at least 10 qualifying employees.

Green Card for Victims of Abuse

You may be eligible to apply as a…If you are the…
 VAWA self-petitioner – victim of battery or extreme crueltyThe abused spouse of a U.S. citizen or lawful permanent resident The abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident The abused parent of a U.S. citizen
Special Immigrant JuvenileAre a child who has been abused, abandoned, or neglected by your parent and you have SIJ status
An abused (victim of battery or extreme cruelty) spouse or child under the Cuban Adjustment ActThe abused spouse or child of a Cuban native or citizen
An abused (victim of battery or extreme cruelty) spouse or child under the Haitian Refugee Immigrant Fairness Act (HRIFA)The abused spouse or child of a lawful permanent resident who received his or her Green Card based on HRIFA

Green Card as a Special Immigrant

You may be eligible to apply as a…If you are the…
Religious workerIs a member of a religious denomination coming to the U.S. to work for a nonprofit religious organization
Special Immigrant JuvenileIs a child who has been abused, abandoned, or neglected by your parent and you have SIJ status
Afghanistan or Iraq nationalServed as an Afghan or Iraqi translator for the U.S. government and was employed by or for the U.S. government in Iraq on or after March 20, 2003, for at least one year and was an Afghan employed by the International Security Assistance Force (ISAF).
International broadcasterAre you coming to work in the U.S. as a member of the media
An employee of an international organization or family member or NATO-6 employee or family memberAn employee of an international organization or family member or NATO-6 employee or family member

Green Card for Human Trafficking and Crime Victims

You may be eligible to apply as a…If you are the…
Human trafficking victimCurrently have a T nonimmigrant visa
Crime victimCurrently have a U nonimmigrant visa

Green Card through Registry

You may be eligible to register for a Green Card if you have resided continuously in the U.S. since before Jan. 1, 1972.

Green Card through Other Categories

Sponsor’s Household Size100% of HHS Poverty Guidelines* For sponsors on active duty in the U.S. Armed Forces who are petitioning for their spouse or child
Diversity Immigrant Visa ProgramWere selected for a diversity visa in the Department of State’s diversity visa lottery
 Are you a Cuban native or citizen, or Are the spouse or child of a Cuban native or citizen Are you a Cuban native or citizen, or Are the spouse or child of a Cuban native or citizen
An abused (victim of battery or extreme cruelty) spouse or child under the Cuban Adjustment ActAre the abused spouse or child of a Cuban native or citizen
Dependent status under the HRIFAAre the spouse or child of a lawful permanent resident who received his or her Green Card based on the Haitian Refugee Immigration Fairness Act (HRIFA)
An abused (victim of battery or extreme cruelty) spouse or child under HRIFAAre the abused spouse or child of a lawful permanent resident who received his or her Green Card based on HRIFA
Lautenberg paroleeWere paroled into the U.S. as a Lautenberg parolee
Indochinese Parole Adjustment Act of 2000Are a native or citizen of Vietnam, Kampuchea (Cambodia), or Laos who was paroled into the U.S. on or before Oct. 1, 1997, from Vietnam under the Orderly Departure Program, a refugee camp in East Asia, or a displaced person camp administered by UNHCR in Thailand.
American Indian born in CanadaHave 50% or more of the blood of the American Indian race and were born in Canada

You also may read about: How to Get a Green Card through Adjustment of Status, and Availability of Immigrant Visas, 2018 HHS Poverty Guidelines for Affidavit of Support

Direct Filing Addresses for Form I-131

I-485 Alien Worker and Alien Entrepreneur additional instructions

I-485 with granted Asylum/Refugee Status additional instructions

ONE OF OUR LEGAL SERVICES: ATTORNEY APPLICATION REVIEW

THE TRADITIONAL LEGAL SERVICE: FULL ATTORNEY REPRESENTATION

APPLICATION REVIEW

$999
  • Check Your Eligibility
  • Attorney’s Consultation(s) (The lawyer will guide you through the application process)
  • Less Questions, Faster Application (Easy-To-Use Software To Fill Out Immigration Forms)
  • Instant Alerts Help You Avoid Mistakes (Automatic Help and Tips on Complicated Questions; Instant Alerts To Help Avoid Mistakes; Automatic Help and Tips on Complicated Questions)
  • Technical Support (Access And Share Your Completed Forms After You File)
  • Ensures Completeness (Instant Alerts To Help Avoid Mistakes)
  • Documents checklist (Personalized Supporting Documents and Evidence Checklist)
  • Personalized Instructions (Personalized Guidance And Instructions On Where To File)
  • Case submission (Automatic Case preparation guidance)
  • Case Status Online Check (Link to case Updated)
  • Shipping Label With Tracking Number

ATTORNEY REPRESENTATION

$3499
  • Check Your Eligibility
  • Attorney’s Consultation(s) (The lawyer will guide you through the application process)
  • Less Questions, Faster Application (Work with your lawyer to prepare your application)
  • Instant Alerts Help You Avoid Mistakes (After your lawyer reviews your forms, they’ll call you to discuss any errors or answer your questions about your forms)
  • Technical Support (Access And Share Your Completed Forms After You File)
  • Ensures Completeness (Once it’s complete, Attorney do a final review and file the paperwork with the US government on your behalf)
  • Documents checklist (Work with your lawyer to prepare your application)
  • Personalized Instructions (Personalized Supporting Documents and Evidence Checklist)
  • Case submission (Your attorney will give you a checklist and guide you through the process collecting supporting evidence)
  • Case Status Online Check (Work with your lawyer to prepare your application)
  • Preparation for Immigration Interview (Your lawyer will file the application on your behalf)
  • Immigration Interview appearance ** (Included case by case and location)
  • Shipping Label With Tracking Number

MORE FEATURES

100% Secure

We use the most advanced security measures to protect your personal data and documents. We never release your information to anyone.

Where and what

Personalized Guidance and USCIS Fees and Instructions on where to file, free shipping label to USCIS

Up-to-date Forms

Our experienced immigration professionals check the website content daily to keep up with changes in laws or forms required.

Comprehensive forms

Answer a few simple questions and our innovative system will generate a complete form and ready to be presented

Error Checking

Our team of professionals will check all your answers to make sure that they are accurate, complete, and ready to be submitted

Evidence Checklist

Once you assemble and upload all required documents, we will check if the evidence is correct and will provide a cover letter.

Testimonials
Write a review
Джума Мыратгелдиев
Джума Мыратгелдиев
2023-05-31
Great attorney, easy to work with, highly recommend, my case was dismissed Thank you so much Igor LITVAK
Ninjacool
Ninjacool
2023-05-22
Really helpful good lawyer
Nida Kumar
Nida Kumar
2023-05-17
Mr. Igor is one of the best lawyer, I have ever met. He had been so kind and full of understanding. Had a privilege to hire him to represent us in federal court. And he did everything possible, to get us out of the trouble. A true man of words. Highly recommended.
Alexandra Dordzhieva
Alexandra Dordzhieva
2023-05-17
Good lawyer, helped us in a case
Karl Mukaz
Karl Mukaz
2023-04-17
Had the best experience with Igor! Fast, reliable and professional! Highly recommend!
Jekaterina Shapovalova
Jekaterina Shapovalova
2023-04-10
Igor Litvak is an outstanding lawyer in New York, and I am beyond impressed with his level of professionalism and expertise. I recently had the privilege of working with him on a complex legal matter, and his knowledge, dedication, and attention to detail were simply unparalleled. From our initial consultation to the resolution of my case, Mr. Litvak went above and beyond to ensure that I understood all aspects of the legal process and was always kept up to date on the status of my case. He provided sound advice, was always available to answer any questions, and took a personalized approach to my legal needs. Mr. Litvak is not only a brilliant attorney, but he is also an exceptional communicator and an empathetic advocate. He is a true professional who genuinely cares about his clients and their well-being, and I would highly recommend him to anyone in need of legal services. If you want an attorney who is not only knowledgeable, but also compassionate, diligent, and committed to achieving the best possible outcome for his clients, then look no further than Mr. Litvak. He is simply the best.
renier valle
renier valle
2023-03-28
A very good attorney, I highly recommand him, i had a major criminal case which he resolved with no record. Just a great attorney.
Albert_Brits
Albert_Brits
2023-02-17
The best attorney you can get, he will fight for you like he did for me, he was also very detailed on the case and always answering his call, you actually get to have his cell phone. Highly recommended.
lady jackey
lady jackey
2023-02-06
Very reliable, and friendly staff, they were very patient with me throughout my vwa case It was a pleasure working with them
Scroll to top