Adjustment of Status General Info
This guide provides general answers to eligibility questions for adjustment of status.
Adjustment of Status GenerallyAdjustment of status is an application filed by an alien who is physically in the U.S. to acquire permanent resident status after his or her immigration petition has been approved without having to go abroad and apply for a visa.
When an immigration petition has been filed on your behalf, the visa becomes available and you are physically in the U.S., you can submit an application to adjust status. You are also able to adjust status simultaneously with the I-130 petition when you are the spouse of a U.S. citizen, despite a visa overstay.
Application ContentAssembling the I-130 Package: (follow these assembly instructions. All supporting documents must be in English or be translated as noted here):
a. Cover Letter including description of what petitioning
b. Complete Form I-130 (with applicable fees)
c. Complete Form I-485 (with applicable fees)
d. Complete Form G-325A for both parties, signed, and dated
e. Complete I-864 Affidavit of Support
f. Complete I-765 Employment Authorization (if applicable and with fees)
g. Complete I-131 Application for Travel Document (if applicable and with fees)
Filing ProcessAfter submitting this package, you will be required to have your biometrics taken as part of the I-485 processing (fingerprints and photos). The beneficiary will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken.
InterviewAfter completing your biometrics, you will be instructed to appear for an interview. You will be instructed to bring certain items, including "evidence of the relationship" which proves that your marriage is true and faithful.