US Immigration Law and Citizenship (INA) allows citizens who are in the United States on a tourist, work, or another visa to change their status to immigration. To do this, visitors must meet all the requirements for obtaining a green card for permanent residence in the United States in one of the possible categories.
The change of status, which is officially called the adjustment of status, does not require the applicant to return to their home country. However, it is also possible to apply for an immigration status through a US consulate in another country (consular processing) if a citizen is unable to enter America or is here, but has no legal opportunity to change his status in the United States.
What you need to do to change your status (Adjustment of Status):
1. Define your reasons for immigration (family reunification, political asylum or some other option)
2. Submit an immigration petition & nbsp; (each category has its own form to fill out: family reunification – I-130, for work – I-140, for organizing your own business – I-526, and so on);
3. Check the validity of your visa (before filling out the Form I-485, which is required to change your migration status or obtain a residence permit, you must check the validity of your visa);
4. Complete Form I-485 (read carefully the rules for completing Form I-485, and prepare all the necessary documents from the list for your category to avoid delays in processing your application or refusal);
5. Fingerprints & nbsp; (you will be called to go through this procedure, as well as lkz photographing and receiving the original of your signature to the appropriate center, which will be necessary for you to obtain a work permit in the United States);
6. Interview & nbsp; (if you need an interview, you will also be notified of the date of your visit to the office of the US Migration Service, USCIS, to answer questions or confirm your request, you must have all the originals of previously submitted documents with you);
7. Receiving a response by mail (after submitting the application and passing all the procedures, you just have to wait for a notification from the American authorities by mail indicating the date of your official status and, if you have changed your address, you must inform about it).
You can check your status online. In addition, you can always ask questions by calling USCIS support: 1-800-375-5283. You will need to provide your notice number, as well as your name, date of birth and registration number.
In the event that you are denied your application for a change in status, you can challenge this decision. However, not every decision involves an appeal. There is usually 30 days to file an appeal. To do this, you must fill out Form I-290B.
