Adjustment of Status Click for a Printable Version of this Article DEFINED:   Adjustment of status is screening for admission as a permanent resident conducted by a U.S. Citizenship and Immigration Services (USCIS, formerly the service branch of the Immigration and Naturalization Service) office in the United States.  An adjustment of status application is filed by a beneficiary of an approved immigrant visa petition (e.g., based on a job, a qualifying family relationship, asylee or refugee approval, etc.).  Adjustment applications are filed after receipt of an immigrant visa approval notice from the USCIS, except in the case of U.S. citizen spouses (see below).  You must have a residential address in the United States to file an adjustment application.  Adjustment applications may be filed by dependent children or spouses in the United States with the principal immigrant visa beneficiary.  Dependent family members may adjust at the same time as, or any time after, the principal immigrant adjusts.  Dependent family members overseas must request "following to join" immigrant visa processing through a U.S. embassy or consulate.   PROCESS:   The adjustment process involves USCIS investigation of an individual's identity, health, criminal background, and ability to support him or herself in the United States.  Employment-based adjustment applications must be filed by mail with a USCIS Service Center.  Family-based adjustment applications are filed at the local USCIS district office.  Which USCIS Service Center or district office has jurisdiction is determined by the adjustment applicant’s residential address.  Interviews are usually waived for employment-based immigrants, but can be required at the discretion of the USCIS.  Interviews will probably be required for adjustment applicants who have failed to maintain legal nonimmigrant status.  From filing to the time of interview or approval takes eight to twenty-four months.   FEES:   The fee for an adjustment application for someone 14 years of age or over is currently $325.00.  For applicants under 14, the fee is $225.00.  Except spouses of U.S. citizens, any adjustment applicant who has failed to maintain legal status may only adjust to permanent resident by payment of an additional penalty fee and if a permanent resident application was commenced before January 14, 1998.  This fee is $1,000.00 per person for applicants 17 and older.  In addition to the filing fee for the adjustment application, there is currently a fee of $70.00 per person age 14 or older for fingerprint/biometrics processing, as discussed at number 2 under the “Adjustment Forms and Documents” heading below.  Fees can be paid by check or money order.  We recommend separate checks for each application.                                  TRAVEL RESTRICTIONS:  Other than an “H-1B” or “L” visa holder, a person who has filed an adjustment application cannot leave the United States without the USCIS' permission before the application is decided, or the application is effectively canceled.  "Advance Parole" is USCIS permission to leave the United States during the pendency of an adjustment application for emergent personal or business reasons.  An advance parole application is made on Form I-131 with two photos, $170.00 filing fee and documentation of need to travel.  I-131 applications are adjudicated in approximately 60-90 days.  Advance Parole is usually valid for multiple trips over one year’s time. CAUTION: If you ever have been out of status, you may be barred from returning to the United States - even if you have an approved advance parole document. In this case, you should carefully consult with us prior to filing for advance parole and prior to leaving the United States.   EMPLOYMENT AUTHORIZATION: Any adjustment applicant may make separate application for work authorization during the pendency of adjustment by submitting Form I-765, two photos, and additional $180.00 filing fee.  This application may be processed at the Service Center or district office, depending on the location.  I-765 applications are processed in approximately 45-90 days.  Work Permits are generally valid for one year and any type of employment.   RESULT:   At the end of the interview, or if an interview is waived, upon receipt of the adjustment approval notice, the adjustment applicant may obtain a stamp in his/her passport saying "Processed for I-551. Temporary evidence of lawful admission for permanent residence... employment authorized."  This stamp indicates permanent resident status and is the equivalent of a green card.  The stamp is usually valid for one year and confers all the benefits of permanent resident status, including unlimited work authorization and travel flexibility.  During the validity of this stamp, the USCIS manufactures and mails a "green card" to the beneficiary.   ADJUSTMENT FORMS AND DOCUMENTS:  An adjustment of status application consists of the following items.  A complete set of the necessary forms (or our questionnaire from which we will produce the forms) and instructions for making an adjustment application at a USCIS office is attached.  Please complete, collect, and submit to us any that apply to you and your dependents.  Please note that every English translation of a foreign language document must be accompanied by a certificate of accuracy executed by the translator.  Please also alert us if you have any health, criminal or family problems referenced by the adjustment process.                   1.   Medical Exam.   All adjustment applicants must submit a medical exam report (including proof of vaccination requirements) from a USCIS-designated civil surgeon.  To determine the USCIS doctor nearest you, please call the USCIS National Customer Service Center at 1-800-375-5283, press #2, then enter your zip code following the prompt.  Please be advised that several weeks can be required to complete the physical exam, which includes a tuberculosis and HIV test.  When you receive the sealed envelope containing the report, be sure you do not open it.   2.   Fingerprinting.   The USCIS has a procedure for fingerprinting applicants for immigration benefits.  After receiving your adjustment application, USCIS will mail you a notice scheduling you to appear for fingerprinting at a USCIS-designated locations.  The notice will specify a week for the applicant to appear.  USCIS will submit the fingerprints to the Federal Bureau of Investigation (FBI) for a background check, which will be completed before an adjustment application is approved.  In addition to the filing fee for the adjustment application, there is currently a charge of $70.00 for this procedure.  The $70.00 fee must be paid at the time of filing of the adjustment application, prior to collection/completion of fingerprinting.                   Applicants residing outside of the United States must be fingerprinted at U.S. consular or military offices and submit their fingerprints with their adjustment filing.  These applicants will not be charged the USCIS fingerprinting fee, however, the consular or military offices may charge a fee for this service.                   3.   Forms I-485 and I-485 Supplement A and Proof of Maintenance of Legal Nonimmigrant Status.  These forms must be completed by every applicant.  Please complete and sign the forms.  An adult can sign forms on behalf of children under 14.  Form I-485 Supplement A is only submitted to the USCIS when an applicant has been out-of-status and commenced a permanent resident application prior to January 14, 1998.  To prevent denial of the adjustment application, each applicant must demonstrate that his/her nonimmigrant visa status has not expired.  You must submit copies of your current and all past visas, I-94 cards, and status documents such as I-20 or IAP-66 forms where applicable, to make this proof.  Some employment-based adjustment applicants are permitted unauthorized employment or a gap in status for less than 180 days.                   4.   Form G-325A.   All applicants age 14 or older must submit this form.  Please neatly complete and sign the form.  Please note that you must write your name in your native alphabet at the bottom of the form, below your signature.  (If you received form us an adjustment questionnaire, we will prepare Form G-325A using the information provided by you on your completed questionnaire.)                   5.   Photographs.  We advise that each adjustment applicant supply our office with eight photographs taken in accord with the enclosed instructions.  Your name and date of birth or A number or social security number must be written in pencil on the back of the photographs.                   6.   Financial Support.   If your permanent resident approval is based on a job, you must obtain a recent letter from your employer stating that you still hold the position, and stating the salary and the title for the position.  You may attach a pay stub to verify this employment.  You may also need to complete an affidavit of support (Form I-134), with notarized signature, for each of your dependents--spouse and foreign-born children.  Check with us to see if this is required for your application(s).  If your permanent resident approval is based on a family relationship, or you own 5% or more of the business that sponsored you for an immigrant visa, your sponsor must complete an affidavit of support (Form I-864 package), with notarized signature, and attach copies of bank account and other financial documents attesting to your sponsor's ability to support you.                   7.   Birth Certificate.  A copy of a valid birth certificate, with English translation if applicable, is required for every applicant.  The birth certificate must state both parent’s names and your place of birth and date of birth, at minimum.   Some substitute forms of birth documentation are accepted by the USCIS in lieu of birth certificates.  Please contact us if you do not have a birth certificate.                    8.   Marriage Certificate.  All married adjustment applicants must submit a copy of the marriage certificate, with English translation if applicable, to show the relationship to the principal beneficiary or U.S. citizen spouse.  If either spouse previously was married, copies of prior divorce decrees or death certificates, with translations, must also be submitted.                   9.   Form G-28.  This form must be submitted by all adjustment applicants who are represented by an attorney.  A separate G-28 must be submitted for each application filed.  Please complete and sign each form.                   10.   Passport.   Please provide us with a full and readable copy of each applicant’s passport (every page), including a copy of the most recent I-94 card and visa.   IMMIGRANT VISA AND ADJUSTMENT FILINGS FOR IMMEDIATE RELATIVES:   Immediate relatives are spouses, parents of children over 21, and unmarried children under 21 of U.S. citizens.  Immediate relatives may ask for visa approval and adjustment of status at the same time by making “concurrent filings” at a USCIS district office.  Thus, in addition to the adjustment items outlined above, the U.S. citizen must submit Form I-130 (yellow form).  An additional fee of $190.00 is required for Form I-130.  The U.S. citizen must also prove U.S. citizenship by submitting a copy of his/her U.S. birth or naturalization certificate or U.S. passport.  A U.S. citizen filing for a spouse must also submit one photograph each of the U.S. citizen and spouse and Form G-325A for each. The contents of these web pages are provided for general informational purposes and do not constitute legal advice for specific cases, which should only be obtained from an attorney. Copyright © 2002 True, Walsh & Miller, LLP. Attorneys at Law The Commons, 202 East State Street, Ithaca, New York 14850 phone: 607-273-4200, fax: 607-272-6694, E-mail: twm@twmlaw.com