Adjustment of Status
All Legal Permanent Resident (a.k.a. green card) petitions have two separate applications.
1. Immigration Petition
The Office of International Students and Scholars (OISS) prepares and files the Immigration Petition application along with Form I-140, and I-907 if Premium processing for those researcher/faculty who meet the Yale and USCIS criteria.
2. Adjustment of Status
This is the process to adjust one's current status (from H1-B) to an LPR status. (Greencard).
This requires the completion of many forms (I-485 and others) and is the formal request to be issued a “green card” without having to go abroad to apply for an immigrant visa. It is the responsibility of the researcher/faculty member to prepare the adjustment application/s (for yourself, spouse and unmarried children under 21 years old as applicable.).You may either complete the adjustment forms on your own, or hire an attorney to assist you. When USCIS reviews your adjustment application they focus on issues such as biographical information, background checks on past activities, a review of all previous U.S. visas including any two-year home-residency requirement, identity (birth, marriage, etc.) and establishing no laws or regulations have been violated in the U.S.
If you chose to prepare the adjustment of status on your own please understand that OISS cannot give you legal advice about your application. However we can review your application/s to see whether you may need to hire an attorney. Please review the description from the United Stated Citizenship and Immigration Services (USCIS) for details. Once your adjustment application/s are ready, please schedule time to meet with Parker Emerson at OISS for a review.
In most cases OISS can mail the two applications 'Immigration Petition, (form I-140, I-907) and Adjustment of Status, (form I-485 and others) together, as a 'concurrent' filing of your application.
- You must be physically present in the U.S. when you file the application
- If Yale is sponsoring you for an Employment Based EB-2 or EB-3, please check with OISS to see if your priority date or immigrant visa is “current”
- If you have had J Exchange Visitor status previously, you may not be able to adjust status at this time. Please discuss with Parker Emerson in OISS.
Please keep copies of all the documentation included in the application.