ADJUSTMENT OF STATUS ELIGIBILITY-REQUIREMENTS

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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. citizenForm I-130, Petition for Alien RelativeForm I-485, Application to Register Permanent Residence or Adjust StatusSpouse of a U.S. citizenUnmarried child under the age of 21 of a U.S. citizenParent of a U.S. citizen who is at least 21 years old
Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categoriesForm I-130, Petition for Alien RelativeForm I-485, Application to Register Permanent Residence or Adjust StatusFamily 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 olderMarried son or daughter of a U.S. citizenBrother or sister of a U.S. citizen who is at least 21 years oldFamily 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 childI-129F, Petition for Alien Fiancé(e)Form I-485, Application to Register Permanent Residence or Adjust StatusPerson 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 crueltyI-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 workerForm Form I-140, Immigrant Petition for Alien WorkerForm 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, orAre an outstanding professor or researcher, orAre a multinational manager or executive who meets certain criteriaAre a second preference immigrant worker, meaning you:Are a member of a profession that requires an advanced degree, orHave exceptional ability in the sciences, arts, or business, orAre seeking a national interest waiverAre 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 investorForm 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 residentThe abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent residentThe 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 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 workerAre a member of a religious denomination coming to the U.S. to work for a nonprofit religious organization
Special Immigrant JuvenileAre 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. governmentWere employed by or for the U.S. government in Iraq on or after March 20, 2003, for at least one yearWere an Afghan employed by the International Security Assistance Force (ISAF)
International broadcasterAre coming to work in the U.S. as a member of the media
Employee of an international organization or family member or NATO-6 employee or family memberAre a retired officer or employee of certain international organizations, or NATO, and certain family members Go to the Green Card through Other Categories section for information on other eligibility categories for diplomats.

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
Cuban Adjustment Act Are a Cuban native or citizen, orAre 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 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 visas2018 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

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