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. If you are outside of the United States, you must obtain your visa abroad through consular processing.

For example, persons may seek an adjustment of status if they are eligible for a Green Card on one of the following bases and are present in the United States:

• Green Card through Family

• Green Card through Employment

• Green Card as a Special Immigrant

• Green Card through Refugee or Asylee Status

• Green Card for Human Trafficking and Crime Victims

• Green Card for Victims of Abuse

• Green Card through Registry

• Green Card through Other Categories

File Form I-485

If you are in the United States and are eligible for adjustment of status, you may file a Form I-485. Go to the United States Citizenship and Immigration Services (USCIS) site https://www.uscis.gov/i-485 for the instructions and form. Go to the Direct Filing Addresses for Form I-485 page at https://www.uscis.gov/i-485-addresses to see where you should file your application.

If you are applying to adjust your status to lawful permanent resident under section 245(i) of the Immigration and Nationality Act (INA) (8 U.S.C. §1255(i)), you must complete both Form I-485 and Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (located at https://www.uscis.gov/i-485supa).

In West Virginia, as in all states, the process of adjustment of status is governed by federal law, specifically the Immigration and Nationality Act (INA). This process allows individuals who are already in the United States to apply for lawful permanent resident status (a Green Card) without having to leave the country to complete visa processing. Eligibility for a Green Card can be based on various categories such as family relationships, employment, special immigrant status, refugee or asylee status, victim of human trafficking or crime, victim of abuse, registry, or other specified categories. To apply for an adjustment of status, eligible individuals must file Form I-485 with the United States Citizenship and Immigration Services (USCIS). Those who are applying under section 245(i) of the INA must also complete Form I-485 Supplement A. The specific instructions and the correct filing address for Form I-485 can be found on the USCIS website. It is important to consult with an attorney or review the USCIS guidelines to ensure proper filing and to understand the specific requirements and procedures that apply to your situation.