ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE (I-485)
If a person already has an approved I-130 or I-360 petition, then he or she can pursue Adjustment of Status to obtain their permanent residence (known commonly as a "green card"). Depending on how the person entered the U.S. (illegally or with a visa/permission) and whether or not they have left the U.S. since entering, the person may or may not be able to adjust status.
- If they entered illegally, they can still adjust status, as long as they are "245i" eligible from having had a previous petition filed for them on or before April 30, 2001.
- If they never had a previous petition filed for them, and they entered illegally, they may pursue permanent residence through
Consular Processing, as long as they obtain an I-601A waiver and they do not have a disqualifying criminal record.
Adjustment of Status and Consular Processing cases can often be long and complex, so one should consult with an experienced immigration attorney in order to prepare and file such applications properly.
If you would like to adjust your status to obtain permanent residency (a green card), contact our office using the form below: