What is arriving alien adjustment of status?

Question: What is arriving alien adjustment of status?


Arriving alien adjustment of status refers to the process through which certain individuals classified as “arriving aliens” can apply to become lawful permanent residents (green card holders) while they are in the United States. An arriving alien is someone who is seeking admission to the U.S. at a port of entry and has not yet been formally admitted.

Key Points about Arriving Alien Adjustment of Status:

  1. Eligibility:
    • To be eligible for adjustment of status as an arriving alien, the individual must meet specific criteria, such as having a valid family-based or employment-based immigrant visa petition.
    • Common eligibility categories include being the immediate relative of a U.S. citizen (such as a spouse, parent, or unmarried child under 21) or having an approved employment-based immigrant visa petition.
  2. Application Process:
    • The adjustment of status process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation and fees.
    • Applicants must also undergo a medical examination, provide biometric information, and attend an interview with a USCIS officer.
  3. Benefits of Adjustment of Status:
    • Adjusting status allows individuals to remain in the U.S. while their application is processed, avoiding the need to return to their home country to obtain an immigrant visa.
    • Applicants may be eligible for work authorization and advance parole, which allows them to travel outside the U.S. while their application is pending.
  4. Challenges and Considerations:
    • Arriving aliens who have been placed in removal proceedings can still apply for adjustment of status, but their case will be reviewed by an immigration judge in addition to USCIS.
    • It is crucial to provide accurate and thorough documentation to avoid delays or denials. Legal assistance from an experienced immigration attorney can be beneficial in navigating the complexities of the process.
  5. Legal and Procedural Support:
    • Given the complexities involved, consulting with an immigration attorney is highly recommended. An attorney can help ensure that all requirements are met and that the application is properly prepared and filed.

For a more detailed overview and guidance on the arriving alien adjustment of status process, visit this comprehensive resource: Arriving Alien Adjustment of Status.

Understanding the process and securing the right legal support can significantly enhance the chances of a successful adjustment of status application.