Adjustment of Status

Adjustment of status is the process to applying for lawful permanent resident status (also known as a Green Card) when you are present in the United States in lawful nonimmigrant status, and without having to return to your home country to complete visa processing. However, you must remain in the United States for the duration of this process or risk abandoning your application. Generally, to be eligible to file for adjustment of status within the United States, a foreign national must have had a petition filed on their behalf except for certain self-petitions.

Embassy Processing

An alternative to adjusting status is applying at the American Embassy in your home country. If you are not physically present in the United States, you may apply for an immigrant visa which will allow you to enter the US and acquire lawful permanent residency. Eligibility for Embassy processing is similar to eligibility for Adjusting Status in that you must have had an approved petition filed on your behalf.

Removal of Conditions on Residency

If you were granted conditional residence and received a two (2) year green card based on your marriage to a U.S. citizen (USC) or legal permanent resident (LPR), you must file a Petition to Remove Conditions on Residence proving that you entered your marriage in good faith, and not to gain an immigration benefit. Only upon the approval of this petition will you be granted your LPR card valid for 10 years.

Conditional residents who are still married to the same spouse, through which they gained conditional residence, must file the petition jointly with their spouse. If your marriage has ended in divorce, the death of your spouse, annulment, or other factors, you can request a waiver of the joint filing requirement. Regardless of the basis for petitioning for the removal of conditions, it must be established that the marriage was entered in good faith and is/was bonafide.