Based on an immigrant petition: You may apply to adjust your status if:
- an immigrant visa number is immediately available to you based on an approved immigrant petition;
- you are filing this application with a complete relative, special immigrant juvenile or special immigrant military petition, which if approved, would make an immigrant visa number immediately available to you.
- Based on being the spouse or child (derivative) at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children.
- If the spouse or child is in the United States, the individual derivatives may file their adjustment of status concurrently with the adjustment of status. Or file at any time after the principal is approved, if a visa number is available.
- If the spouse or child is residing abroad, the person adjusting status in the United States should file the Application for Action on an Approved Application or Petition, concurrently with the principal s adjustment of status application to allow the derivatives to immigrate to the U.S. without delay, if the principal’s adjustment of status application is approved.
Based on admission as the fiancé of a U.S. citizen and subsequent marriage to that citizen. You may apply to adjust status if you were admitted to the U.S. as the K-1 fiancé of a U.S. citizen and you married that citizen within 90 days of your entry. If you were admitted as the K-2 child of such a fiancé, you may apply based on your parent s adjustment application.
Based on asylum status. You may apply to adjust status if you have been granted asylum in the U.S. after being physically present in the U.S. for one year after the grant of asylum, if you still qualify as an asylee or as the spouse or child of a refugee, unless you committed a criminal or immigration offense (also called crimmigration).
Based on Cuban citizenship or nationality: You may apply to adjust status if:
- you are a native or citizen of Cuba, were admitted or paroled into the U.S. after January 1st, 1959, and thereafter have been physically present in the U.S. for at least one year; or
- you are the spouse or unmarried child of a Cuban described above, and regardless of your nationality, you were admitted or paroled after January 1st, 1959, and thereafter have been physically present in the U.S. for at least one year.
Based on continuous residence since before January 1, 1972, You may apply for permanent residence if you have continuously resided in the U.S. since before January 1, 1972. If you were granted permanent residence in the U.S. prior to November 6, 1966.