Status Adjustment in California

Jurisdiction: 

Area of Law: 

immigration


Adjustment of status is a process that permits certain foreign nationals already in the United States to apply for lawful permanent resident, or "green card" status without having to go outside the United States to obtain immigrant visa or permanent resident status. 


Not everyone is eligible for an adjustment of status. A person who is already in the United States in valid nonimmigrant status who meets one or more of the following categories may qualify for an adjustment of status in California: 



  • A spouse, parent, unmarried child, or sibling of a United States citizen who has a visa petition approved on their behalf

  • An alien who has an approved I-140 Immigrant Visa Petition filed on their behalf by a U.S. employer

  • A fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa on their behalf. Any unmarried, minor children are also eligible for adjustment of status. 

  • An asylee or refugee who has been in the U.S. for at least one year after being granted asylum or refugee status and still qualifies for asylum or refugee status 

  • Someone who received notice from the Department of State that they have won a visa in the Diversity Visa Lottery

  • A Cuban citizen or native who has been in the U.S. for at least one year after being inspected, admitted, or paroled into the U.S. Their spouse and children who are residing with them in the U.S. may also be eligible for adjustment of status.

  • A person who has been a continuous resident of the United States since before January 1, 1972 

  • An individual whose parent became a lawful permanent resident after they were born, or whose spouse became a lawful permanent resident after they were married

A person who is not eligible for adjustment of status includes someone who: 



  • Entered the U.S. while they were in transit to another country without obtaining a visa 

  • Entered the U.S. while a nonimmigrant crewman 

  • Was not admitted or paroled into the U.S. after being inspected by a U.S. Immigration inspector 

  • Is employed in the United States without USCIS authorization or is no longer legally in the country 

  • Is a specific type of foreign medical graduate or international organization employee and family member 

  • Is a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and has not met or been granted a waiver for this requirement 

  • Has an A (diplomatic), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or has an occupation that would allow this status 

  • Was admitted to Guam as a visitor under the Guam Visa Waiver Program 

  • Was admitted into the United States as a visitor under the Visa Waiver Program 

  • Is already a conditional permanent resident 

  • Did not marry the U.S. citizen who filed the K-1 petition in his behalf, or if they married another U.S. citizen or lawful permanent resident, the individual is not eligible to adjust status in the U.S. 

A person may apply for adjustment of status by filing the appropriate forms, paying the filing fee and providing the required supporting documents. The USCIS Regional Service Center is the agency designated to process adjustment of status applications. Some of the supporting documents include: 



  • The results of a medical examination that must be conducted by a civil surgeon who has been designated by the United States Citizenship and Immigration Services. For a list of civil surgeons in the state of California, go to the U.S. Citizenship and Immigration website

  • Copy of the applicant’s passport and proof of lawful entry to the U.S. (if any) 

  •  Applicant's birth certificate

Although not all adjustment of status applicants are required to be interviewed, the law provides that any adjustment applicant may be interviewed. Interviews are always conducted in marriage cases, are less frequent in other family relationships, and are rarely done in employment-based cases.


Occasionally, the USCIS will issue requests for evidence. These requests are usually made when any of the required documents are not submitted. If a request for evidence is not responded to, the application will be denied.


After approval for adjustment of status in California, it may take several months before the actual green card is issued. If the approval follows an interview, the USCIS will stamp the applicant’s passport with an indication that they are a U.S. permanent resident. They will receive their green card a few months later.


For more information on immigrant adjustment of status requests in California, go to the Global Law Centers website.