Articles of Interest

By Michael S. Cho, Esq. (info@msclaw.com)

Adjustment of Status is a process which permits certain people already physically present in the United States to apply for lawful permanent residence (“green card”) without having to go abroad. Foreign spouses of U.S. citizens qualify for this process as long as they meet certain basic eligibility requirements. 

In order to be eligible for an adjustment of status, you must prove that:

You were inspected and admitted or paroled into the United States

• Typically, this proof is in the form of an I-94(W) form - a white or green card that was stamped upon entry into the country and stapled to your passport
• Canadians may have only an entry stamp on their passports
• If you lost your I-94(W) card, you must get a replacement from the USCIS before you can proceed with your adjustment of status

 You are among a class of persons eligible to immigrate

• there are many classes of people who are NOT eligible for adjustment of status including alien crewman; aliens who have accepted unauthorized employment or failed to maintain lawful non-immigrant status; aliens admitted in transit without visa under 212(d)(4)(c); aliens admitted under the Visa Waiver Program (VWP); “K” visa holders who seek to adjust their status on a basis other than marriage to the U.S. citizen who filed the K visa petition; conditional resident spouse or child who, while still in such status, seeks to adjust on any basis other than the marriage through which he obtained conditional residency; person who marries while in removal proceedings unless he can show by clear and convincing evidence that his marriage was not for the purpose of obtaining immigrant status; person who enters the U.S. on a “S” nonimmigrant visa, with certain limited exceptions.
• Spouses of U.S. citizens are ELIGIBLE to immigrate DESPITE having accepted unauthorized employment, failed to maintain lawful non-immigrant status, or been admitted under the Visa Waiver Program (VWP)

 An immigrant visa is immediately available to you

• Immigrant visas are immediately available for immediate relatives of U.S. citizens (spouses, children, and parents)

 You are admissible individually as an immigrant

• It is important to remember that certain criminal acts or violations of immigration laws may make a person inadmissible as an immigrant; It is always recommended that you discuss your situation with a qualified immigration attorney if you should have such a background to determine inadmissibility and possible waivers to such inadmissibility