Adjustment of Status & Naturalization

Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing. 

 

U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. The first step in the adjustment of status process is to determine if you fit into a specific immigrant category.

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Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application. Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases. 

 

Most categories require you to have an approved immigrant petition before you can file for Adjustment of Status. However, some categories may allow you to file your Adjustment of Status application at the same time that the immigrant petition is filed or while the immigrant petition is pending. This is called “concurrent filing.” 

 

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Cuban Adjustment 

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Enacted in 1966, the Cuban Adjustment Act (CAA) allows Cubans and their spouses and children to become permanent residents through adjustment of status. To qualify for Cuban adjustment as a principal applicant, one must

 

1.  be a native or citizen of Cuba;

2. have been inspected, admitted or paroled;

3. be physically present in the United States for more than one year;

4. and be admissible to the United States for lawful permanent residency. 

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The non-Cuban spouse or child of a qualifying Cuban applicant may also adjust status under section 1 of the Cuban Adjustment Act. That is true regardless of his or her nationality or place of birth. The non-Cuban spouse must meet all the other eligibility criteria for Cuban adjustment stated above, and must reside with the principal applicant. 

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Naturalization

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There are many advantages to becoming a U.S. citizen—including helping family members immigrate to the United States, traveling with a U.S. passport, and voting in U.S. elections. Millions of lawful permanent residents are eligible to naturalize but need support to take the important step of becoming a U.S. citizen.

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To apply for naturalization to become a U.S. citizen, you must: 

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• Be at least 18 years of age at the time you file the application;

• Have been a lawful permanent resident for the past three or five years (depending on which naturalization category you are applying under);

• Have continuous residence and physical presence in the United States;

• Be able to read, write, and speak basic English;

• Demonstrate good moral character;

• Demonstrate a knowledge and understanding of U.S. history and government;

• Demonstrate a loyalty to the principles of the U.S. Constitution; and

• Be willing to take the Oath of Allegiance.

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