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How do you adjust status?

Adjustment of status begins by filing Form I-485, Application to Adjust Status. Additional forms may also be required. Generally, the intending immigrant must be physically present the United States through a lawful entry and an immigrant visa must be immediately available to you.

Who qualifies to adjust status?

An immediate relative of a United States citizen (parent, spouse, widow, widower or unmarried child under 21 years old). A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the United States petitioner within 90 days of admission. Or.

Who can adjust status?

These include: Immediate relatives (i.e. spouses, parents, and unmarried children under 21 years of age) of U.S. citizens are still eligible to adjust their status. If a violation of status is a “technical violation” that occurred through no fault of an alien, said alien may still be able to adjust status.

Who is not eligible adjustment status?

Any alien admitted to the United States in transit without a visa (TWO) is barred from adjusting status. This bar does not apply to an alien who was admitted as a transit alien with a C-1 or C-2 or C-3 nonimmigrant visa. On August 2, 2003, DHS and the Department of State suspended the TWO program.

Can adjustment of status be denied?

Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.

Can you stay in the US while adjusting status?

If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your nonimmigrant visa. You have the right to remain in the United States while the application is pending. As an F-1 student, you could potentially drop out of school.

How long it takes to adjust status?

The time it takes to complete the adjustment of status process is generally longer than consular processing. There are always exceptions. You can anticipate that adjusting status to permanent resident will take about 8 to 14 months for family-based green card applications. Here's what happens after filing Form I-485.

How long does it take for the 485 to get approved?

After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8-14 months. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor.

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