Adjustment Of Status

Adjustment of Status is the process for non-immigrants to adjust their status to permanent residence in the United States. To qualify, the alien must have an approved I-130 or I-140 immigrant petition that was filed on their behalf. In family cases the adjustment application cannot be filed until after the I-130 petition is approved (except in the case of immediate relative petitions which may be filed at the same time as the I-130 petition at the local INS office). In certain employment based cases (EB-1, EB-2 and EB-3) the INS is now allowing "concurrent filing" which allows the I-140 and adjustment petitions to be filed together. During the time that the adjustment application is pending with the INS, the alien is entitled to apply for work authorization and in certain cases he/she may apply for a travel document (advanced parole) which permits travel outside of the United States and reentry without a visa.

Application Process :

To apply for adjustment of status the alien must complete an application for him or herself and for each member of the immediate family that qualifies for dependent status. The forms that are required for completion include the I-485 and G-325A, together with forms for the work authorization I-765 and travel I-131 if applicable.

Documentary Requirements:

• Birth Certificate
• Marriage Certificate
• Divorce Certificates, if applicable
• Copy of White I-94 card that you were issued upon your most recent entry into the United States
• Copy of the visa (in your passport) that you used upon your most recent entry into the United States
• Copy of any I-797 approval notices issued to you by the INS (these would be issued if you have changed or extended your status while in the United States)
• Two immigration style photographs of each applicant. You will need an additional two photos if applying for the work permit and an additional two photos if applying for the travel document.
• Letter from your employer stating your job title and salary
• If in student status a copy of your I-20 forms and EAD card if applicable
• If in J-1 status a copy of your IP-66 forms. If you are subject to the two year home residency requirement we need evidence that the INS has granted you a waiver of that requirement
• Medical examination