Adjustment of Status Requirements

aos-processIn order to be eligible to adjust your status and secure a green card, there are a number of requirements that must be met. Similarly, there are also a number of disqualifiers to adjustment that can preclude an applicant from gaining permanent resident status.

Presently, there are over 40 different ways for foreign nationals to adjust status.  The majority of our clients, however, make adjustments of status through fiancé, tourist or work visas.  

Among the eligibility requirements are the following:

  • The foreign national applying for adjustment of status must be physically present in the United States.
  • The foreign national must fulfil all the requirements of their particular visa circumstance, whether it be family based (spouse, child or parent of US 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.
  • The foreign national must have consistently maintained lawful immigrant status.
  • The foreign national must not been involved in unlawful activities including criminal detainments or convictions or association with terrorist activities.
  • The foreign national must not be diagnosed with a Class a medical condition that would render a person inadmissible and ineligible for a visa or adjustment of status.
  • The foreign national must not have been working illegally in the United States.

Please note that a number of situations can be grounds for inadmissibility.  These are covered in section 212(a) of the Immigration and Nationality Act and include medical grounds, instances of public charge, prior or present immigration violations or involvement/association with terrorist groups or activities.  If an applicant if found to be inadmissible, a waiver might be available.  If not, the alien’s status adjustment request will be denied. RapidVisa does not assist with such waivers. If you need a waiver, you’re advised to get the help of an attorney.

For a full list of disqualifiers, please see Adjustment of Status Disqualifiers.

RapidVisa doesn’t assist with all methods of adjustment of status.

Here are the types of entry RapidVisa can assist with:

  • A-1, A-2 or A-3 Foreign Government Official or Family Member Visa
  • B1/B2 Tourist Visa
  • Canadian who entered legally with no Visa
  • E-1, E-2 or E-3 Treaty Trader Visa
  • F-1, F-2 or F-3 Student Visa
  • G-1, G-2, G-3, G-4 or G-5 Foreign Government Staff or Family Member Visa
  • H-1, H-2, H-3 or H-4 Employment or Family Member Visa
  • J-1 or J-2 Exchange Visitor not subject to 2 Year Rule
  • K-1 or K-2 Fiancée Visa, Fiancée Child Visa
  • K-3 or K-4 Spousal Visa, Spousal Child Visa
  • L-1 or L-2 Employment Visa
  • M-1, M-2 or M-3 Student Visa
  • O-1, O-2 or O-3 Extraordinary Ability Visa
  • P-1, P-2, P-3 or P-4 Entertainment Visa
  • Q-1 Cultural Exchange Visa
  • R-1 or R-2 Religious Occupation Visa
  • Same Sex Marriage Green Card
  • T-1, T-2, T-3 or T-4 Trafficking Victim Visa
  • TD Dependent of TN Visa Holder
  • TN-1 Professional Work Status from Canada
  • TN-2 Professional Work Visa from Mexico
  • U-1, U-2, U-3 or U-4 Criminal Victim Visa
  • Visa Waiver Program – ESTA
  • Call us if your visa type is not listed
  • If you came on a C (Transit) or D (Crewman) type visa RapidVisa can’t help you.
  • If you are not married to a U.S. citizen or are not the step-child of a U.S. citizen, RapidVisa can’t help you.