Before starting the adjustment of status process, you’ll first need to determine if you are eligible. In order to be eligible to adjust your status, you must:

  • Fulfill all the requirements of your particular visa, whether it be family-based (spouse, child or parent of a U.S. citizen), employment-based (employer or entrepreneurial) or based upon entry to the United States on a K-1 fiancé visa and subsequent marriage to the original petitioner
  • Have maintained lawful admission and residency in the United States
  • Have not been involved in unlawful activities including criminal detainments or convictions or association with terrorist activity
  • The medical examination did not reveal a Class A medical condition
  • Not been found to be working illegally in the United States

A note on the 90-day rule: If you have been in the U.S. for 90 days or less, you could run into problems when applying for adjustment of status. USCIS could determine that you misrepresented your intentions when entering the country temporarily, and that you in fact planned to immigrate permanently. You therefore only want to apply to adjust your status after 90 days of entering the U.S. to avoid getting your green card application denied.