To adjust status from nonimmigrant to immigrant, applicants must typically submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with proof of eligibility such as Form I-130 or Form I-140 approval notices. Supporting documents include a valid passport, birth certificate, medical examination report (Form I-693), and evidence of lawful entry into the United States. Financial affidavits (Form I-864) and police clearance certificates may also be required to demonstrate admissibility and fulfill application requirements.
Introduction to Adjustment of Status
Adjustment of Status (AOS) allows eligible nonimmigrants to become permanent residents without leaving the United States. This process requires submitting specific forms and supporting documents to U.S. Citizenship and Immigration Services (USCIS). Proper documentation is essential for proving eligibility and ensuring a smooth transition to immigrant status.
Overview of Nonimmigrant vs. Immigrant Status
Adjusting status from nonimmigrant to immigrant involves submitting specific documents that demonstrate eligibility and identity. Nonimmigrant status is temporary and typically tied to a specific purpose, such as tourism or education, while immigrant status grants permanent residency. Your application must include forms like the I-485, proof of lawful entry, and supporting evidence of your eligibility to transition from temporary to permanent status.
Core Eligibility Requirements for Adjustment
To adjust status from nonimmigrant to immigrant, you must meet specific core eligibility requirements established by U.S. Citizenship and Immigration Services (USCIS). Key documents include Form I-485, Application to Register Permanent Residence or Adjust Status, along with a valid passport and current nonimmigrant visa records.
Proof of lawful entry, including Form I-94 Arrival/Departure Record, is essential to demonstrate eligibility. Medical examination results, Form I-693, and evidence of financial support such as Form I-864, Affidavit of Support, also play a critical role in the adjustment process.
Essential Identity Documentation
Adjusting status from nonimmigrant to immigrant requires submitting essential identity documents to verify the applicant's eligibility and identity. Proper documentation facilitates processing by United States Citizenship and Immigration Services (USCIS).
- Valid Passport - A current and unexpired passport from the applicant's country of origin serves as primary evidence of identity and nationality.
- Birth Certificate - An official birth certificate provides proof of date and place of birth, which is critical for establishing identity and familial relationships.
- Nonimmigrant Visa and I-94 Form - The current nonimmigrant visa and the I-94 Arrival/Departure Record demonstrate lawful entry and status in the United States.
Proof of Lawful Entry and Status Maintenance
Proof of lawful entry is a fundamental requirement when adjusting status from a nonimmigrant to an immigrant. This typically involves submitting Form I-94, Arrival-Departure Record, which verifies entry into the United States.
Your status maintenance documentation is equally important for a successful adjustment application. You must provide evidence that you have continuously maintained lawful nonimmigrant status since your arrival. Such proof can include visa stamps, extension approvals, or employment authorization documents that highlight compliance with immigration regulations.
Supporting Family Relationship Documents
Supporting family relationship documents are essential when adjusting status from nonimmigrant to immigrant. These documents prove the legitimate familial connection between the petitioner and the beneficiary.
Commonly required evidence includes birth certificates, marriage certificates, and adoption records. Affidavits from family members and photographs can also strengthen the application by demonstrating genuine family relationships.
Employment-Based Adjustment Documentation
Adjusting status from nonimmigrant to immigrant through employment requires specific documentation to prove eligibility. These documents help USCIS verify your identity, employment, and legal status.
- Form I-485, Application to Register Permanent Residence or Adjust Status - The primary form submitted to initiate the adjustment process.
- Form I-140, Immigrant Petition for Alien Worker - An approved petition filed by your employer or yourself if self-petitioning.
- Employment verification letters - Official letters from your employer confirming your job offer and current employment status.
Criminal and Security Clearance Records
What criminal and security clearance records are required to adjust status from a nonimmigrant to an immigrant? USCIS mandates submission of certified police clearance certificates from every country where the applicant has lived for more than six months since turning 16. These documents ensure the applicant does not pose a security risk to the United States.
Medical Examination and Vaccination Records
Adjusting status from nonimmigrant to immigrant requires a comprehensive medical examination and vaccination records. These documents verify your health condition and compliance with U.S. public health standards.
- Medical Examination Report - A form completed by a USCIS-designated civil surgeon detailing physical and mental health status.
- Vaccination Records - Proof of vaccinations required by the Centers for Disease Control and Prevention (CDC) for immigration eligibility.
- Form I-693 - The official USCIS form used to submit medical examination results and vaccination documentation.
Submitting accurate and complete medical and vaccination documents is essential for a successful adjustment of status application.
What Documents Are Needed to Adjust Status from Nonimmigrant to Immigrant? Infographic
