Adjustment of Status is an application made to the Immigration and Naturalization Service to obtain your Immigrant Visa (Green Card) in the United States rather than at a U.S. Embassy abroad.
You are eligible to adjust your status here in the United States to that of a Lawful Permanent Resident provided that:
1. You are legally here in the United States in a Non-Immigrant Visa Category, and you have a priority date that is current to your date and place on the Visa Waiting List based on an approved Family or Employment Immigrant Visa Petition.
2. You have overstayed less than 180 days beyond your authorized stay as stamped on your I-94 arrival/departure record and you have a priority date that is current to your date and place on the Visa Waiting List based on an approved Employment based Immigrant Visa Petition.
3. You have a priority date on a Family based or Employment based Immigrant Visa Petition which is on or before January 14, 1998 and your priority date is now current to your place and priority date on the Visa Waiting List OR You have a priority date on a Family based or Employment based Immigrant Visa Petition which is on or before April 30, 2001 (May 3 2001 if you have proof your application was mailed on or before April 30, 2001), you were physically present in the United States on December 21, 2000, and your priority date is now current to your place and priority date on the Visa Waiting List. This is called section 245(i). For more information on section 245(i), see below.
4. You are married to a U.S. Citizen; You are a child under the age of 21 of a U.S. Citizen; You are a parent of a U.S. Citizen; and, you entered the United States legally on a Non-Immigrant Visa (except certain seamen visas - D Visas) regardless of how long you have overstayed as stamped on your I-94 arrival/departure record
5. You have an approved application for political asylum
6. You are a Widow or Widower of a U.S. Citizen and you entered the United States legally on a Non-Immigrant Visa
7. You have resided continuously in the United States from 1972 to the present
8. You are a Battered Spouse of a U.S. Citizen or Permanent Resident
9. You are the beneficiary of an Amnesty application or you fall into some "other" miscellaneous group.
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