Navigating the U.S. immigration process can feel overwhelming, especially when it comes to adjusting your immigration status. Understanding the steps involved and what options are available is crucial. This guide will walk you through the basics of Adjustment of Status (AOS), various methods of adjustment, potential challenges like permanent bars, and options for waivers. Every case is unique, so evaluating your situation with an experienced immigration attorney is encouraged.

What is Adjustment of Status?

Adjustment of Status (AOS) is the legal administrative process that allows an individual to become a lawful permanent resident (LPR) or "green card" holder in the United States. It is often used by individuals who are already in the U.S. on a temporary visa but wish to become permanent residents.

AOS is handled by the U.S. Citizenship and Immigration Services (USCIS) and is an option for those who are eligible to apply for a green card from within the U.S., avoiding the need to return to their home country to complete the process through a U.S. embassy or consulate.

Ways to Adjust Your Status

There are several pathways to adjust your status to permanent residency, depending on your eligibility. Here are some of the most common methods:

1. Family-Based Adjustment: If you are a close relative (spouse, child, or parent) of a U.S. citizen or permanent resident, you may qualify to adjust your status. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) often have priority in the application process.These individuals may qualify for AOS if they can demonstrate lawful entry to the USA and that they meet the other criteria.
2. Employment-Based Adjustment: Those working in the U.S. under an employment visa may be able to apply for a green card through their employer, provided the employer sponsors them. This usually requires a labor certification and a job offer from a U.S. employer, as well as continuous maintenance of lawful visa status in the United States at all times.
3. Diversity Visa Lottery: Individuals who win the U.S. Diversity Visa Lottery can adjust their status if they are lawfully present in the U.S. at the time.
4. Asylum or Refugee Status: If you have been granted asylum or refugee status in the U.S., you may be eligible to apply for permanent residency after one year of living in the U.S.
5. U Visa, T Visa, or VAWA Recipients: Most recipients of U, T, or VAWA approvals become eligible to adjust status after their status is granted by USCIS. The amount of time an individual must wait before applying for AOS varies on a case-by-case basis. More about Adjustment of Status after unlawful entry here.  

Understanding Permanent Bars

Certain individuals may face "permanent bars" to adjustment of status. These bars apply to those who have committed serious immigration violations, such as:

• Unlawful presence: If you entered the U.S. without permission or overstayed a visa for more than one year, then left and re-entered without permission, you may be subject to a permanent bar that could prevent you from adjusting your status.
• Fraud or misrepresentation: Providing a fake birth certificate to an immigration agent or falsely stating that you are a U.S. citizen in any context can result in permanent ineligibility for AOS.

These permanent bars can severely limit your options for becoming a permanent resident. However, in certain cases, waivers may be available. Check with a trusted immigration lawyer to learn about your options.

Waivers: Overcoming Ineligibility

For some individuals who face barriers to adjustment, it may be possible to apply for a waiver. A waiver can allow you to bypass certain grounds of ineligibility, like unlawful presence or misrepresentation health issues, or certain minor crimes. Most often, waivers are filed on Form I-601.

Most often, waivers are filed on Form I-601. This form can be filed for individuals who can demonstrate that their U.S. citizen or permanent resident spouse or parent would suffer extreme hardship if they were not granted allowed to adjust status. If the waiver is approved, then the individual will again become eligible to apply for and receive AOS.

Every Case is Different

The immigration process is complex, and no two cases are the same. The path to permanent residency depends on many factors, including your immigration history, your eligibility for waivers, and any existing bars to entry. At JLW Immigration Law Group, we recognize that each situation is unique, and we are committed to providing tailored advice to help you navigate this intricate process.

Schedule a Consultation with us to evaluate your specific case and explore the best options available to you. Our experienced attorneys would be honored to guide you every step of the way, ensuring you have the support you need in your journey toward permanent residency.