Who Can Receive a Green Card Through Adjustment of Status?

 Posted on October 14, 2022 in Immigration

Immigrants who come to the United States often have the goal of obtaining a green card, which grants them legal permanent residency. The adjustment of status process allows a person to apply for permanent residency without having to leave the country. To be eligible for adjustment of status, immigrants must meet certain requirements, such as having a valid visa, being physically present in the United States, and having a qualifying immigrant petition. By understanding when adjustment of status may be available, immigrants can make sure they take the correct steps to become lawful permanent residents.

Eligibility for Adjustment of Status

A person can apply for adjustment of status if a visa is immediately available to them and they are eligible for a green card. There are multiple green card eligibility categories, including:

• Family members - Immediate family members of U.S. citizens may receive immediate relative visas, which are usually available with no waiting periods. Other family members of U.S. citizens and immediate relatives of green card holders may be eligible for family preference visas, but waiting periods will generally apply, and a limited number of visas are issued each year.

• Employees - Professionals with advanced degrees, workers with exceptional abilities, or certain other types of employees may be eligible for employment-based visas. These visas can be obtained through sponsorship from an employer in the U.S., and they are subject to annual limits.

• Refugees and asylees - People who have been granted asylum or those who have been allowed to enter the U.S. because they fear persecution in their home countries may apply for a green card after they have been living in the United States with refugee or asylee status for one year.

• Special immigrants - Certain religious workers, broadcasters, Iraqi and Afghan translators, and employees of the U.S. government abroad may be eligible for green cards through the special immigrant category. Special immigrant juveniles who need protection due to abuse, neglect, or abandonment may also be eligible for adjustment of status.

• Victims of human trafficking or other crimes - Immigrants who have been victims of sex trafficking or labor trafficking or certain qualified family members may apply for T visas. Those who have been victims of qualifying crimes may receive U visas if they are willing to assist law enforcement in the investigation and prosecution of these offenses. A person who receives a T or U visa may be eligible for adjustment of status after living in the United States for three years. 

• Domestic violence victims - People who have been subject to abuse by a U.S. citizen or lawful permanent resident may petition for adjustment of status under the Violence Against Women Act (VAWA).

Contact Our Irving, TX Adjustment of Status Lawyers

Applying for adjustment of status can be a complex process, but with the help of an experienced Dallas immigration attorney, you can ensure that your application will be filed correctly and that your rights will be protected during your case. At John W. Lawit, LLC, we have helped numerous immigrants obtain green cards through the adjustment of status process, and we can address other issues related to immigration, including providing defense against deportation and assisting with applying for citizenship. To learn more about how we can help you, call our office today at 214-609-2242.

Sources:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status

https://www.uscis.gov/green-card/green-card-eligibility-categories