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Adjustment of status in the Immigration and Nationality Act (INA) of the United States refers to the legal process of conferring permanent residency upon any alien who is a refugee, asylee, nonpermanent resident, conditional entrant,[1] parolee, and others physically present in the United States.[2][3]

Filing and Approval Process

In order to apply for permanent residency, the applicant must not be "removable" from the United States.[4] If he or she is the beneficiary of an approved immigrant petition (family or employment-based), the priority date must be current (if applicable).

Once the application package (I-485, I-693, and the filing fees[5]) are received, the applicant will receive the receipt number. This receipt number can be used to track the case online. In most employment-based applications, the petition will be approved within four months[citation needed] and a green card will automatically be mailed. In some cases, a face to face interview is required. This is often done in marriage-based applications to ensure that the marriage is bona fide, meaning genuine and not a sham marriage.

Former Public Charge Rule

Based on a rule promulgated by the Department of Homeland Security (DHS) in August 2019, from February 24, 2020 to March 8, 2021, every applicant for adjustment of status in the United States, except for those who fall under exceptions, had to submit form I-944, Declaration of Self-Sufficiency. The form called for information related, among other things, to the applicant's assets and liabilities, health insurance, bankruptcy filings, past Immigration Fee waiver requests, applicant's education and occupational skills and more. The form was based on the Public Charge Rule adopted by the U.S. Department of Homeland Security.[6]

On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. On March 9, 2021, DHS moved to dismiss its appeal before the Seventh Circuit of the United States Court of Appeals, and the Seventh Circuit dismissed the appeal the same day. DHS immediately implemented the judgment, i.e., the vacatur of the August 2019 rule. This rule was discontinued by DHS on March 9, 2021 and Form I-944 has been discontinued and should not be filed.[7][8]

See also

References and authorities

  1. ^ "Conditional Entrants". hcopub.dhs.state.mn.us. Retrieved 2018-11-19. This was the immigration status used for refugees prior to the Refugee Act of 1980. See also 8 U.S.C. § 1254a ("Temporary protected status").
  2. ^ 8 U.S.C. § 1229b(b) (titled "Cancellation of removal and adjustment of status for certain nonpermanent residents").
  3. ^ 8 U.S.C. § 1255 ("Adjustment of status of nonimmigrant to that of person admitted for permanent residence").
  4. ^ 8 U.S.C. § 1229a(e)(2) ("The term 'removable' means—(A) in the case of an alien not admitted to the United States, that the alien is inadmissible under section 1182 of this title, or (B) in the case of an alien admitted to the United States, that the alien is deportable under section 1227 of this title."); see also Tima v. Attorney General of the United States, 903 F.3d 272, 277 (3d Cir. 2018) ("Section 1227 defines '[d]eportable aliens,' a synonym for removable aliens.... So § 1227(a)(1) piggybacks on § 1182(a) by treating grounds of inadmissibility as grounds for removal as well."); Galindo v. Sessions, 897 F.3d 894, 897 (7th Cir. 2018).
  5. ^ "I-485, Application to Register Permanent Residence or Adjust Status". United States Citizenship and Immigration Services (USCIS). Retrieved September 15, 2018.
  6. ^ Shaw, Tejas; Badia-Tavas, Mercedes; Durham, Michael; Bruno, Mayra (17 February 2020). "Legal Permanent Residency Becomes More Challenging As New Public Charge Rule Goes Into Effect". National Law Review. Retrieved 19 May 2020.
  7. ^ "Inadmissibility on Public Charge Grounds; Implementation of Vacatur". Federal Register. National Archives. Retrieved 14 August 2021.
  8. ^ "Declaration of Self Sufficiency". US Citizenship and Immigration Services. US Department of Homeland Security. Retrieved 14 August 2021.

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