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- Reviewer
- Reviewed by the attorney responsible for site content at Abiiden Immigration (NEEDS_FIRM_INPUT — attorney name)
What it is
Adjustment of status allows an eligible person already in the United States to apply for permanent residence with USCIS instead of traveling abroad for an immigrant visa interview.
It requires an underlying basis — usually an approved or concurrently filed petition — plus an available visa number where the category is numerically limited.
Core requirements to analyze
Several threshold questions determine whether adjustment is even available, and they turn on facts that applicants often do not think are relevant.
- How the applicant last entered the United States, and whether that entry was after inspection.
- Whether status has been maintained, and whether a statutory exception applies.
- Whether any ground of inadmissibility applies and whether a waiver exists for it.
- Whether a visa number is available under the applicable chart.
- Whether an affidavit of support is required and whether the sponsor qualifies.
While the application is pending
Applicants often request employment authorization and a travel document alongside the adjustment application. Departing the United States without an approved travel document can be treated as abandonment of the application, and departure may separately trigger a bar.
Keep your address current with USCIS. Missed notices are one of the most common avoidable causes of denials.