adjustment of status

Adjustment of status is the process by which a person can acquire residency or a "green card" within the United States. In contrast, the consular process is known as the process where a person has to leave the country to obtain their residency.

To be eligible for adjustment of status, a person must have an approved and available visa at the time of application. The applicant must also be in the United States legally. The exception to this rule is when a person applies for adjustment of status through marriage or as a child of a U.S. citizen. In this situation, if the applicant entered the United States legally, they can apply for adjustment of status despite not having legal documentation at the time of application.

• To be physically present in the United States; 
• To have had a legal entry into the United States; 
• To have an available visa granting you Permanent Residency.