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Adjustment of Status

Adjustment of Status (AoS) is the process wherein a foreign national with a non-immigrant visa gets permanent resident status. For example, a foreign national may have arrived on a tourist visa and married a U.S. citizen. The foreign national would then apply for an adjustment of status to an LPR (lawful permanent resident). An AoS can also be requested in special cases where the alien is about to be removed or deported. See the list below for possible scenarios where an AoS comes into the picture.

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• Marriage to U.S. Citizen
• Immediate Relatives of U.S. Citizen
• H1-B Holder Sponsored by LPR or Citizen
• Cancellation of Removal
• Orders for Suspension

The first three on this list are for foreign nationals who are legally in the US. The spouse and other immediate relatives of a U.S. citizen can seek adjustment of status from a non-immigrant visa to LPR. An LPR can sponsor someone who is here on a work visa and wants an AoS to become a permanent resident.

The other two entries regarding cancellation and suspension are valid mechanisms towards an AoS for aliens who have been here for 10 or 7 years respectively, have a good moral character and if their removal would cause a lot of hardship to them and their family members who are U.S. citizens or LPRs.

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