ADJUSTMENT OF STATUS/ GREEN CARD APPLICATION

If the beneficiary of the approved I-130 immigrant petition is in the United States and seeks Adjustment of Status to that of the Legal Permanent Resident, the beneficiary may only do so when his or her petition's priority becomes current and while the beneficiary is still in a valid nonimmigrant status in the USA. In most cases, the beneficiary's failure to maintain a valid nonimmigrant status while in the United States renders him or her ineligible to seek Adjustment of Status. However, this rule is not applicable to immediate relatives of U.S. Citizens, if they have entered the USA using a valid visa. Adjustment of Status can be applied for by filing Form I-485.