什么是身分调整What is Adjustment of Status?

A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, temporary employment or pleasure. When you are admitted into the United States, a U.S. official will assign you a nonimmigrant category according to the purpose of your visit. If you want to change the purpose of your visit while you are in the United States, then you or, in some cases, your employer must ask the Immigration and Naturalization Service to change your nonimmigrant status. For instance, if you arrived here as a tourist, but want to become a student, you must submit an application to change your status with the INS. If you do not apply to change your nonimmigrant status, you will be breaking U.S. immigration laws. Proof that you are willing to obey U.S. laws may be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. You may also become subject to removal (deportation) if you break U.S. immigration laws.

Adjustment of Status is an application filed by an alien who is physically in the United States to adjust his or her non-immigrant status to immigrant status, i.e. permanent resident status. In the past, the INS allowed an alien to file I-485 adjustment of status application only after his or her immigration petition was approved. However, effective July 31, 2002, the INS published a new interim rule allowing the concurrent filing of an I-485 adjustment of status application with an I-140 immigration petition (EB-1, EB-2, and EB-3). If the alien does not reside in the United States, he/she cannot apply to adjust the status in the U.S. and must go through the immigrant visa processing at a U.S. consulate abroad instead.

The basic benefit of applying for adjustment of status is that the alien has reached the final step of getting the green card. Once the application is approved, the alien is able to gain permanent resident status in the United States. In addition, there are other two major benefits: one is that the alien may simultaneously apply for Advance Parole, and the other is that the alien may also apply for a Work Permit.