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Foreign nationals who have been legally admitted to the United States and continue to maintain their legal status, may change their immigration status from one category status to another, without having to return back to their country of origin to complete visa processing. This is called “Adjustment of Status.”
For example, if you legally entered the country on a non-immigrant B1/B2 tourist visa, and later meet and marry a citizen of USA, you are allowed to stay in the U.S. while applying for an Adjustment of Status to attain Permanent Resident (Green Card) status by meeting certain requirements.
Qualifications for Adjustment of Status
You may apply for an Adjustment of Status to become a Permanent Resident if:
- You are eligible to receive an immigrant visa;
- You are admissible to the United States for permanent residence; and
- An immigrant visa is immediately available to you at the time of application filing.
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Legal Barriers to Adjustment of Status
If you entered the United States using one of the following visa categories, you are barred from adjusting your status and must leave the country first to change your status through consular processing:
- Non-Citizen crewmen who arrived in the U.S. on board an airplane, ship, or vessel
- A foreign national transitioning through the U.S. from one country to another
- An alien admitted legally into the U.S. as a non-immigrant visitor, under the Visa Waiver Program
If you wish to change your temporary, non-immigrant status to that of a Green Card holder, please contact Maria Jones Law Firm at (602) 603-4032. Our Phoenix green card attorneys serve clients across the U.S. and worldwide.