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).

US Citizenship 2 - Adjustment of Status Eligibility Requirements

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
  • Spouse 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 relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories 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 resident
  • Unmarried child under the age of 21 of a lawful permanent resident
  • Unmarried 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
  • 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. citizen Widow 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
  • Abused spouse of a U.S. citizen or lawful permanent resident
  • Abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident
  • Abused 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…
Asylee Were granted asylum status at least 1 year ago
Refugee Were 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 Are 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), or
  • An unskilled worker (meaning you will perform unskilled labor requiring less than 2 years training or experience)
Physician National Interest Waiver Are 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 Have 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 cruelty
  • The 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 Juvenile Are 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 Act The 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 worker Are a member of a religious denomination coming to the U.S. to work for a nonprofit religious organization
Special Immigrant Juvenile Are a child who has been abused, abandoned, or neglected by your parent and you have SIJ status
Afghanistan or Iraq national
International broadcaster Are 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 member Are 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 victim Currently have a T nonimmigrant visa
Crime victim Currently 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 Size 100% 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 Program Were selected for a diversity visa in the Department of State’s diversity visa lottery
Cuban Adjustment Act
  •  Are 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 Act Are the abused spouse or child of a Cuban native or citizen
Dependent status under the HRIFA Are 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 HRIFA Are the abused spouse or child of a lawful permanent resident who received his or her Green Card based on HRIFA
Lautenberg parolee Were paroled into the U.S. as a Lautenberg parolee
Indochinese Parole Adjustment Act of 2000 Are 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 Canada Have 50% or more of blood of the American Indian race and were born in Canada
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