How do i become eligible for adjustment of status application in united states.?

To be eligible for adjustment of status you must be in following criteria if you are an alien.

=>The alien must be physically present in the United States.

=>The alien's immigration petition must have been approved.

=.>The alien must not have entered the United States illegally.

You (1) entered with inspection and (2) are the immediate relative of a US citizen who is a viable sponsor for Affidavit of Support purposes.

You (1) entered with inspection, are in status, and (2) have "won" in the Green Card lottery.

You (1) hold an H1-B, and (2) have an approved I-140 petition in hand.

There are a few more, rather unusual scenarios, but I don't feel like listing them all.

One of the following (list isn't complete due to there being a lot of special categories but it lists more than others have):

"You" in this case relates to the primary beneficiary of the application/process outlined in each point. Family members like spouses and children under 21 are eligible to adjust status as derivatives, except for immediate relative petitions (bullet point 1).

1) You entered US legally (or are covered under 245(i)) and you are either a spouse, unmarried child under 21, or a parent of a US citizen who filed I-130 on your behalf. (In case of parent the US citizen child has to be 21 or over). (Immediate relative category)

2) You are on a valid visa (or are covered under 245(i)), have been sponsored by a family member or employer (or yourself in cases of EB-1, EB-2 NIW, and EB-5) and your priority date is current. The family members here include:

a) US citizen parent - if you're over 21, or/and married (F1 and F3 preference categories respectively)

b) US permanent resident spouse or parent (in case of parent you have to be unmarried) (F2A category for children under 21 and spouses, F2B category for children over 21)

c) US citizen sibling (F4 category)

3) You have won the green card lottery and are in US on a valid visa (or are covered under 245(i)).

4) You have green granted asylum or refugee status and have held that for a period of 1 year.

5) You have been granted U or T visa and have resided in US for 3 years on the visa.

(U visa is for victims of crimes and their family members, T visas are for victims of trafficking and their families).

In either case the following are eligible to benefit as well (list added since it differs from the regular spouse + minor children only):

1) If you're over 21:

a) Spouse

b) Unmarried children under 21

2) If you're under 21:

a) Spouse

b) Unmarried children under 21

c) Parents

d) Unmarried siblings under 18

6) You have green granted an S visa, and you have been allowed to adjust status due to your contribution to whatever investigation.

7) You are a battered (former) spouse of a US citizen or permanent resident who has an approved special immigrant petition (I-360) under Violence Against Women Act (VAWA).

8) You have continuously resided in US (legally or not) since at least January 1st 1972.

There are more but these are the more common ones. It never hurts to pay for a consultation with a lawyer to see if you're eligible for something.

245(i) coverage requires you to have had an immigrant petition or PERM labor certification filed with USCIS or the DOL on or before April 30th 2001. These applications include I-130, I-140, I-360, I-526, and Perm Labor Certification with the Dept of Labor. The application doesn't need to be necessarily approved - but it did need to be approve-able when filed (in other words - it would be approved if circumstances did not change).

you have an approved i-130 or i-140 and you are legally in the US.

See the instructions to the application here: http://www.uscis.gov/i-485

Also see this: http://www.uscis.gov/greencard

unless you arrive on a K-1 visa you cannot

mich depends on the visa you entered on

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