If you are currently living in the United States on a nonimmigrant visa and dreaming of becoming a permanent resident, you may wonder if it is possible to apply for a Green Card while on your current visa. This article will provide you with essential information about the Adjustment of Status and the process of becoming a Permanent Resident while on a nonimmigrant visa.

Understanding Adjustment of Status

The Adjustment of Status (AOS) is a process that allows certain foreign nationals to apply for lawful permanent resident status (Green Card) while staying in the United States. This means that instead of returning to their home country to complete the Green Card application, they can apply for it right here within the U.S.

Eligibility for Adjustment of Status

To be eligible for Adjustment of Status, you must meet specific requirements:

1. A family-based category: You may apply for a Green Card through a qualifying family member, such as a U.S. citizen spouse, parent, or child over 21 years old.

2. An employment-based category: If you have an approved employment-based petition and an immigrant visa number is available, you might be eligible to apply for the Green Card through your employer.

3. Other categories: There are other specialized categories, like refugees or asylees, which may also be eligible for AOS. Please refer to us USCIS website for more information here.

Nonimmigrant Visa and Adjustment of Status

In general, individuals who entered the U.S. on a nonimmigrant visa, such as H-1B, L-1, F-1, or other similar visas, were granted temporary stay for a specific purpose, and their intention was not to immigrate permanently.

However, some nonimmigrant visa holders may still be eligible to apply for Adjustment of Status based on certain conditions:

1. Dual Intent Visas: If you are on a nonimmigrant visa that allows "dual intent," such as H-1B or L-1, you are allowed to have both temporary and immigrant intent. This means that you can apply for a Green Card while holding such a visa.

2. Immediate Relatives of U.S. Citizens: If you are an immediate relative of a U.S. citizen (spouse, parent, or unmarried child under 21 years old), you are eligible to apply for a Green Card through Adjustment of Status, regardless of your current visa type.

3. Visa Petition Approval: If a family member or employer has filed an immigrant visa petition (Form I-130 or Form I-140) on your behalf, and it has been approved, you may be eligible to adjust your status.

4. Priority Date and Visa Availability: For employment-based categories, your priority date, which is the date your employer filed the Form I-140, must be current to apply for Adjustment of Status.

5. Maintaining Status: It is crucial to maintain your nonimmigrant visa status while waiting for your Adjustment of Status application to be processed. Falling out of status can jeopardize your chances of obtaining a Green Card.

Conclusion

While being on a nonimmigrant visa in the U.S., it is indeed possible to apply for a Green Card through the Adjustment of Status process under certain circumstances. Dual intent visas, immediate relative status, approved visa petitions, and maintaining lawful status are crucial factors to consider.

It is essential to consult with experienced immigration experts to assess your eligibility, ensure you meet all requirements, and guide you through the Adjustment of Status process successfully. The path to becoming a permanent resident can be complex, but with the right knowledge and guidance, your dreams of obtaining a Green Card can become a reality.