Who is Eligible to Adjust Status?

Based on an immigrant petition: An immigrant visa number is immediately available to you based on an approved immigrant petition; or you are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you. Based on being the spouse or child (derivative) - at the time other adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children.

Based on admission as the fiancé (e) of a U.S. citizen and subsequent marriage to that citizen: You may apply to adjust status if you were admitted to the United States as the K-1 fiancé (e) of a United States citizen and you married that citizen within 90 days of your entry. If you were admitted as the K-2 child of such a fiancé (e), you may apply to adjust status based on your parent's adjustment application.

Based on asylum status: You may apply to adjust status after you have been granted asylum in the United States if you have been physically present in the United States for one year after the grant of asylum, provided you still qualify as an asylee or as the spouse or child of a refugee.

 Based on refugee status: You may apply to adjust status after you have been admitted as a refugee and have been physically present in the United States for one year following your admission, provided that your status has not been terminated.

Selective Service Registration

• If you are a male at least 18 years old, but not yet 26 years old, and required according to the Military Selective Service Act to register with the Selective Service System, USCIS will help you register.

• When your signed application is filed and accepted by USCIS, we will transmit to the Selective Service System your name, current address, Social Security number, date of birth and the date you filed the application. This action will enable the Selective Service System to record your registration as of the filing date of your application.

• Visa Waiver requirements.

NOTE: Men 18 through 25 years old who are applying for student financial aid, government employment or job training benefits should register directly with the Selective Service System or such benefits may be denied. Men can register at a local post office or on the internet at http://www.sss.gov.

Travel outside the United States for adjustment of status applicants under sections 209 and 245 of the Act, and Registry applicants under section 249 of the Act. 

Your departure from the United States (including brief visits to Canada or Mexico) constitutes an abandonment of your adjustment of status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called ‘advance parole.'' To request advance parole, you must file Form I-131, Application for Travel Document, with the appropriate fee at the USCIS office where you applied for adjustment of status.

Exceptions

H, L, V or K3/K4 non immigrants: If you are an H, L, V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining advance parole.

Refugees and Asylums: If you are applying for adjustment of status one year after you were admitted as a refugee or one year after you were granted asylum, you may travel outside the United States on your valid refugee travel document, if you have one, without the need to obtain advance parole.

Warning: Travel outside of the United States may trigger the three and ten year bar to admission under section 212(a)(9)(B)(i) of the Act for adjustment applicants, but not registry applicants. This ground of inadmissibility is triggered if you were unlawfully present in the United States (i.e., you remained in the United States beyond the period of authorized stay) for more than 180 days before you applied for adjustment of status and you travel outside of the United States while your adjustment of status application is pending.

 NOTE: Only unlawful presence that was accrued on or after April 1, 1997, counts towards the three and ten year bar under section 212(a)(9)(B)(I) of the Act.)

 If you become inadmissible under section 212(a)(9)(B)(i)of the Act while your adjustment of status application is pending, you will need a waiver of inadmissibility under section 212(a)(9)(B)(v) of the Act before your adjustment of status application can be approved. This waiver, however, is granted on a case-by-case basis and in the exercise of discretion. It requires a showing of extreme hardship to your United States citizen or lawful permanent resident spouse or parent, unless you are refugee or asylee. For refugees and asylee, the waiver may be granted for humanitarian reasons, to assure family unity or if it is otherwise in the public interest.

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