Getting a Green Card in the U.S.
Adjustment of Status is a process that allows a person to apply for their Green Card without having to leave the U.S. There are many groups of people who may qualify for adjustment of status. This section, however, focus specifically on family-based green cards, especially marital-based petitions.
However, one may Adjust Status based on employment-based petitions, as well as humanitarian petitions too.
In order to be eligible for a family-based Adjustment of Status, you first must have an approved Family-Based petition and a current priority date. Spouses and unmarried children under the age of 21 of U.S. Citizens, as well as parents of U.S. Citizens who are at least 21 years old, may generally file their adjustment of status at the same time as filing the family petition (this is called a one-step AOS). One exception to this is when the person is in removal proceedings (Immigration Court). Petitioners who are Green Card holders may also be able to sponsor their spouse, minor, and adult children, if the beneficiaries are in lawful status in the United States and priority dates are current.
You need to be inside the United States to adjust status. Generally, you need to show you were “inspected and admitted” into the country, which means that you came on some sort of visa or were asked questions by U.S. Border Patrol upon entry (this can vary if you are a citizen of a country participant of the Visa Waiver Program, a VAWA, or U Visa applicant, among others).
