Adjustment of Status refers to the process through which a non–immigrant (who is already in United States) becomes a permanent resident. The individual may apply for adjustment of status without having to leave the country and apply from his or her home country. The adjustment of status is a lengthy process and most people choose to leave the country and go through the consular processing at the US Embassy or consulate abroad.
Individuals who wish to adjust their status while being inside United States must file the form I-485, Application to Register Permanent Residence or Adjust Status. To apply for adjustment of status, you must meet the requirements set forth by the immigration law.
Who may file?
If you have a family living in the US, the family has to petition the USCIS (United States Citizenship and Immigration Services) on your behalf to adjust your status. If you want to adjust your status because of your employment, you must submit an application for adjustment of status along with your application for a green card. When you file the form I-485 to adjust your status based on your employment, your US employer must provide certification that you will be employed permanently. If you entered the United States on a Fiancée Visa and you married your fiancée (or fiancé) within the required 90-day period, you may adjust the status because you are now married. A child who entered the United States under such visa (K-2 visa) may also apply for adjustment of status based on the parent’s adjustment of status.
You may also apply for adjustment of status based on an immigrant petition, based on being the spouse or child when the principal applicant is granted permanent resident status in an immigrant category that allows derivative status for spouses and children, based on admission as the fiancé of a U.S. Citizen and subsequent marriage to that citizen
You may not file the form I485 to adjust your status, if you entered United States in transit or without a visa, or you were not admitted into the United States following inspection by an immigration officer, or you were employed in United States without the authorization of the USCIS, or you failed to maintain your non – immigrant status and various other reasons where USCIS decides you are not eligible to apply for adjustment of status.
You may remain in the United States under the rules of adjustment of status. This is possible when you are gathering all the documents required to file Form I-485. You may also obtain a work permit when you file Form I-485 to adjust your status and have travel documents so that you can travel outside the country during the waiting period.
After you submit your application, USCIS will review it . Any Form I-485 that has been submitted to USCIS and is not correct or not accompanied with the correct fee and required documents, USCIS might reject the application. You are then required to gather all the supporting documents and provide correct information and resubmit the application for approval notice. USCIS will then request you to appear for an interview. You will be notified in writing on the approval. The decision on your application depends on your eligibility for adjustment of status.