Adjustment of status is a process that allows people who have been admitted into the U.S., typically on a tourist, business, or student visas, and who have remained in the U.S. to apply for Permanent Residency (Green Card) provided they meet the requirements highlighted below.
For individuals who fall under the Immediate Relative Classification, several requirements must be met. Your relative must qualify to be your financial sponsor, and you must not have committed fraud or misrepresentation on any prior application.
You have remained in the U.S. since your last lawful entry, continue to be in status for most cases other than "Immediate Relative" classification, or a petition was filed for you by April 30, 2001, for 245i eligibility.
You do not have a serious felony or a criminal record of arrests and convictions that makes you ineligible,; however, a waiver application may overcome that hurdle.
You have not received public assistance in the U.S.
Your relative qualifies to be your financial sponsor or you may need a co-sponsor and you are able to work and be productive or be able to support yourself.
You have not committed fraud or misrepresentation on any prior visa or government application.
Individuals who are not "Immediate Relatives" (spouses, children or parents of U.S. citizens) fall under other Immigrant Visa Classifications and are not eligible to adjust their status to become a lawful resident if they have remained in the U.S. in an unlawful status or have worked in the U.S. without permission.
Adjustment of Status is the fastest way to become a U.S. resident if you are eligible. If you are not eligible to adjust your status, then you may consider applying for an immigrant visa at a U.S. Consulate in your home country.
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