Adjustment of Status

Adjustment of status is the process used by a foreign national who is physically present in the United States to become a lawful permanent resident (LPR). Adjustment of status is an alternative to obtaining an immigrant visa through a U.S. Consulate.

Methods to becoming an LPR:

The quickest and most efficient way to become a lawful permanent resident is to be an immediate relative of a United States Citizen. An immediate relative is a parent, spouse, or unmarried child under 21.

The next method of adjustment is based on a family relationship to a United States citizen or lawful permanent resident. This method has four preferences and depending on which preference you fall will determine how soon you receive your visa.

1. Family-based

a. First Preference: Unmarried adult children of U.S citizens

b. Second Preference: Spouses and unmarried adult sons and daughters of permanent resident aliens.

c. Third Preference: Married sons and married daughters of U.S. citizens.

d. Fourth Preference: Brother and sisters of U.S. citizens of the citizens who are at least 21 years of age.

2. Employment-based and investors

a. First Preference: Priority Workers

b. Second Preference: Professionals with advanced degrees or exceptional ability in business, science, or the arts.

c. Third Preference: Skilled workers, professionals, and other workers.

d. Fourth Preference: Special Immigrants such as Religious workers, employees and former employees of the U.S. government abroad and special juveniles.

e. Fifth Preference: Investors

3. Other Methods

a. NACARA- Nicaraguan Adjustment and Central American Relief Act

b. Asylees and refugees

c. Battered Spouse and Child

d. Diversity Lottery

Adjusting your status to that of a lawful permanent resident (LPR) MUST be done properly and carefully, depending on your personal facts and situation. Ask Attorney Strickland which route to Permanent Residency is best for YOU.