Non-citizens residing in California may be eligible to “adjust status” to lawful permanent residence (LPR) without leaving the U.S. “Adjustment of status” is only available to immigrants who (1) qualify for a green card and (2) are on U.S. soil. Non-citizens who wish to obtain green cards while outside the U.S. must go through “consular processing.”
In this article, our California immigration attorneys answer frequently asked questions about adjusting status to LPR while staying in California. Click on a topic to go directly to that section.
- 1. What does “adjust status” mean?
- 2. Can I adjust my status in California?
- 3. How do I apply for “adjustment of status” in California?
- 4. When can I “adjust status”?
- 5. Can I “adjust status” by marrying a U.S. citizen?
- 6. What if I am eligible for a green card but not eligible to “adjust status”?
- 7. Why would I be denied “adjustment of status”?
- 8. Can I “adjust status” if I am not in the U.S.?
- 9. How long does it take to “adjust status” in California?
- 10. What do I have to pay to “adjust status”?
1. What does “adjust status” mean?
When foreign nationals “adjust status,” they change from being visa holders to green card holders. Once foreign nationals have a green card, they are considered lawful permanent residents. 1
2. Can I adjust my status in California?
Whether foreign nationals are eligible to adjust status depends on the terms of their immigrant visa. In general, the four requirements for adjusting status are:
- the alien has legally entered the U.S.;
- the alien is lawfully present in the U.S.;
- the alien has followed all the terms of his visa; and
- the foreigner is qualified to obtain a green card.
In rare situations, illegal aliens may still be able to adjust status. One example is employment-based immigrant visa holders who have overstayed their visa by no more than 180 days.
3. How do I apply to “adjust status” in California?
The first step is to complete Form I-485 and Form I-94 and send them to U.S. Citizenship and Immigration Services (USCIS) . The foreign national will then receive information on what to do next, which typically involves the following:
- give fingerprints, also called “biometrics”,
- undergo a medical examination (except if the foreigner is a refugee , asylee , or holder of a fiancé(e) visa), and
- have an interview at one of the 11 USCIS offices in California
Depending on their visa type, foreign nationals may need to submit supporting documents to USCIS to adjust status. For example , work-based visa holders typically need to obtain a letter from their employer. And fiancé(e) visa holders must submit a copy of their marriage certificate.
4. When can I “adjust status”?
It depends entirely on the terms of the foreign national’s visa. For example, refugees cannot adjust status until they have lived in the U.S. for one year. People on fiancé(e) visas cannot adjust status unless they get married within 90 days of arriving in the U.S. And workers on H-1B visas are only eligible to adjust status if their employers agree to sponsor them. 3
5. Can I “adjust status” by marrying a U.S. citizen?
It depends. Foreign nationals who entered the U.S. illegally are not eligible to adjust status, even if they are married to a U.S. citizen. But foreign spouses who entered the U.S. legally (such as with a visa) should be eligible to adjust status .
6. What if I am eligible for a green card but not eligible to “adjust status”?
One possibility is for the foreign national to leave the U.S. so that he or she can undergo “consular processing” in his or her home country. However, the foreign national runs the risk of not being able to return to the U.S. In this situation, it is strongly recommended that non-citizens retain an immigration attorney .
7. Why would I be denied “adjustment of status”?
USCIS has discretion over whether an alien can adjust status. When USCIS denies status, it is usually because it believes the alien has “negative factors.” Common ones are that the alien has been living in the U.S. illegally or demonstrates a lack of good moral character .
8. Can I “adjust status” if I am not in the US?
Never. Non-citizens who are abroad can only obtain green cards through consular processing. 7
9. How long does it take to “adjust status” in California?
It varies, but generally from four months to a year. 8
10. What do I have to pay to “adjust status”?
The fee table on the USCIS website is as follows:
Call a California Immigration Lawyer…
If you or a loved one are hoping to adjust status in California, call our Los Angeles immigration attorneys for a free consultation. We will do everything we can to make the process as quick and easy as possible in pursuit of legal permanent residency for you and your family.
Learn about adjustment of status in Nevada .