Foreign nationals may legally enter the United States through non-immigrant visas or by attaining Legal Permanent Resident (LPR) status, whereby an individual receives a Green Card. Unlike non-immigrant visas, which limit the length of stay in the US, a Green Card enables individuals to work and remain in the US indefinitely.

Work Permission: After your application for AoS has been pending for 180 days, you may potentially apply for and receive a work permit.

Permission to Travel: You can travel outside of the US without repercussions if you have been granted an advance parole or a travel document.

Social Benefits: Lawful permanent resident status can avail various social benefits, such as education, healthcare, and Social Security benefits.

Path to Citizenship: For many, AoS is a crucial step on the way toward becoming naturalized citizens.

Educational Opportunities: Educational opportunities, like scholarships and in-state tuition, are available for green card holders.

Sponsor Family Members: When you have a green card, you are eligible to sponsor other family members to come to the United States.

Eligibility for Adjustment of Status (AoS)

Depends on various factors, including your immigration status and the category under which you’re applying. Generally, individuals who are eligible for AOS include:

  • Immediate Relatives: Spouses, unmarried children under 21, and parents of U.S. citizens are among the most common petitioners.

  • Family Preference Categories: Certain family members of U.S. citizens and permanent residents may qualify for AOS.

  • Employment-Based Immigrants: Individuals with approved employment-based petitions or extraordinary abilities may be eligible.

  • Asylees and Refugees: Asylum-seekers and refugees can apply for AOS after one year of continuous presence in the country.

  • Diversity Visa Lottery Winners: DV lottery winners who meet certain eligibility requirements may have their status adjusted.

  • Special Immigrants: Certain categories, such as religious workers and Afghan/Iraqi nationals, may seek to adjust status.

  • Crime Victims and Abuse Survivors: U visa or VAWA provisions apply to eligible victims.

  • Adjustment of status permits you to pursue legal residency while within the United States. When a person acquires legal permanent residence, they also acquire certain rights and privileges.