Which categories of persons eligible to apply for adjustment to permanent resident status?

You may do it if you are already in the United States and if one or more of the following categories apply to you:

Family Member of the US citizen/ lawful permanent resident: you are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf. You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf.

 

Employment : You are a foreigner who has approved visa petition filed in your behalf by a United States employer.

 

Fiance(e): You were a fiancé who was admitted to the United States on a visa and then married the U.S. citizen who applied for the visa for you. If you did not marry the U.S. citizen who filed the petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States.

 

Asylee or Refugee If you are the refugee or the asylee, who has been in the U.S. for at least one year after being inspected, admitted, or paroled into the United States.

Diversity Visa: You received notice from the Department of State that you have won a visa in the Diversity Visa Lottery - Green Card Lottery.

 

Cuban Citizen: You are a Cuban citizen or native who has been in the U.S. for at least a year after being inspected, admitted, or paroled into the United States. Your spouse and children who are residing with you in the United States may also be eligible for adjustment of status.

U.S. Resident Since Before 01/01/72

Adjustment of Status
If you, living in the USA, have desire to make own business, be employed in any company on any kind of job (except for some state positions), to leave territory of the USA and to come back in any time, to submit the petition about adjustment of status for immediate relatives (children, spouses) – you should pass the process of adjustment of status.

Adjustment of status is the process, which allows certain categories of persons, living in territory of the USA to apply for lawful permanent resident ("green card") status without having to go abroad. According to this procedure not all persons can receive the given status. Those that do must apply with an office of the USCIS and all further processing will be done by that agency.

Immediate relatives of the US citizen can receive status LPR - Legal permanent resident ("a green card") even if one point has been executed:
• working in territory of the USA without permission
• remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,
• failed otherwise to maintain lawful status and with the proper immigration documentation, or
• have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively, - the program of visa-free entrance to the USA for citizens of some countries entering into Commonwealth of Northern Mariana Islands).

Please note: If a person came into the U.S. illegally, that person is forbidden to adjust his status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”