Adjustment of Status
The Adjustment of Status application is filed by a Foreign
National who is physically in the United States in order to adjust his or her
non-immigrant status to immigrant status, i.e. permanent resident status. In the past, the
USCIS allowed an alien to file an I-485 adjustment of status application only after the
immigration petition was approved. However, currently, the USCIS allows the filing of an
I-485 adjustment of status application with an I-140 immigration petition, if the visa
date is current.
The Foreign National may also apply for advance parole (travel document) in order to
travel outside the U.S. and a work permit in order to work in the U.S. while the
Adjustment of Status application is pending adjudication. Upon approval of the Adjustment
of Status application, the Foreign National is able to obtain permanent resident status in
the United States.
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