Adjustment of Status to Lawful Permanent Resident

Through the filing of Form I-485, Application to Adjust Status to Permanent Resident, with supporting evidence, an adjustment of status may be considered as the second half of the process to become a lawful permanent resident for qualified applicants who are in the United States. The first half would be the immigrant petition, which in certain cases may be filed together with the adjustment of status application.

Applications for a free-market Employment Authorization Document (EAD) card and an Advance Parole (AP) travel document may be included with the application.

Applicants generally must be able to prove maintenance of immigration status and file these applications before their status expires. A notable exception would be for spouses of U.S. citizens who may apply for an adjustment of status on the basis of their spouse’s immigrant petition, even if they overstayed or worked without authorization, so long as their last entry was a lawful admission.

The filing of an adjustment of status conveys immigrant intent, so nonimmigrant visa holders generally cannot travel internationally while pending without abandoning the application. Exceptions include H-1B and L-1 visa holders as these types of statuses are “dual intent,” generally allowing for immigrant intent and international travel without risk of abandoning the adjustment of status.

The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.