Can I apply for adjustment of status in an F case if I am legally in the USA?

The adjustment of status process in family immigration cases (F case) is an option many consider when they are already legally in the United States. In general terms, adjustment of status allows a person who is in the U.S. to change their status from non-immigrant to permanent resident, provided they meet certain requirements and their case aligns with the type of family petition filed.

If you are legally present in the United States, in many cases you can indeed apply for adjustment of status, as long as your case meets the specific requirements of the family-based visa process. For example, if you have a relative who is a U.S. citizen or lawful permanent resident and can sponsor your petition, you may be eligible for this status change.

However, it is important to note that each family category has particular rules, and visa availability (through priority dates) may affect the progress of your case. It is also worth emphasizing that maintaining valid legal status throughout the entire process is essential to avoid complications.

If adjustment of status is not immediate due to processing times or visa availability, it may be necessary to consider alternatives such as consular processing, which is done outside the U.S. Each situation has its particulars, and the details of your case can influence which path is most appropriate.

It is crucial to strictly follow U.S. immigration laws throughout the process. It is recommended to seek reliable sources and, if necessary, professional guidance to fully understand the requirements and avoid pitfalls like miraculous promises of quick results or unfounded guarantees. Prudence is the best strategy to handle the complexity of immigration processes.

In summary, yes, if you are legally in the U.S., there are conditions under which it is possible to adjust status in a family-based visa case, as long as all requirements are met. Staying well-informed and relying on trustworthy sources is always the best approach for making informed decisions on your immigration journey.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.