The process of applying for a green card inside the U.S is called "Adjustment of status." The eligibility requirements for adjustment of status depends on the immigrant category you are applying under.
In general, to be eligible for a green card without returning to your home country, you must generally comply with the following requirements:
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*These are the general requirements and exceptions to these requirements exist in many cases (for example- in the immediate relative category).
To begin your application for your Adjustment of Status, you will have to fill out Form I-485, "Application to Register Permanent Residence or Adjust Status" with U.S. Citizenship and Immigration Services (USCIS). You can find the Form I-485 here: https://www.uscis.gov/i-485
Many people who are sponsored for permanent residency prefer to adjust their status because they do not want to be away from their loved ones or employment in the U.S.
To adjust your status, you must be eligible for permanent residency. Most people obtain a Green Card through work or family sponsorship. You must also be physically present in the U.S. and have lawfully entered, which generally means you entered with a visa. You cannot have a disqualifying condition, such as having been convicted of a serious crime or having certain underlying health conditions.
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You have to have an immigrant petition filed on your behalf. In most cases, this is either Form I-130 (family sponsorship) or Form I-140 (employer sponsorship). However, there are other choices, such as those for asylees, refugees, entrepreneurs, and crime victims.
Before filing Form I-485, you must check and see if a visa is available. There is a number limit on Green Card visas issued per year by category and country of origin, causing a backlog. Therefore, some applicants must wait for a year or more (sometimes more than 20!) before a visa becomes available. You should consult the visa bulletin {link to blog article} to determine if a visa is currently available.
Once a visa is available, you will need to file Form I-485. Some visa categories have no wait, meaning that you can file Form I-485 concurrently (simultaneously) with Form I-130 or I-140. You will need to turn in supporting documentation with your application.
Once you file Form I-485, you will receive a notice to appear at your local Application Support Center. There, you will be fingerprinted, photographed, and they will obtain your signature. The purpose of this biometric data is for a background check.
Once your case is nearing completion, you will likely receive a notice to appear for an interview at a USCIS field office. Interviews are not always required, but USCIS has started to require them much more frequently. You will need to bring the documents you submitted with your application, and you should be prepared to answer questions related to your eligibility.
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USCIS may request additional evidence about your case, either by issuing a Request for Evidence or making the request at the interview. This request will occur if you did not submit all of the required evidence, the evidence you presented is no longer valid, or if the USCIS officer needs more information to determine your eligibility.
You can check your case's progress by going to the USCIS case status tracker web page and entering your Form I-485 receipt number. You can access this information by calling the USCIS contact center. Additionally, you can estimate the processing time by going to the Check Case Processing Times page on the USCIS website.
USCIS will send you either an approval or denial notice once they decide your case. If they approve your application, you will receive your Green Card in the mail a short time later. If they deny your application, the denial notice will explain why.
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