Eligibility Requirements For Adjustment Of Status In Houston

Preview: To qualify for Adjustment of Status in Houston, you must already be in the U.S. and meet specific entry and immigration criteria. Eligibility depends on how you apply, most commonly through a family relationship, a job offer, or a humanitarian program like asylum or VAWA. If you entered legally, have a qualifying petition, and meet admissibility requirements, an adjustment of Status may allow you to get your Green Card without leaving the country. If you’re living in Houston and hoping to stay in the United States permanently, an adjustment of status may be one of the most accessible paths to a Green Card. It means you can apply for lawful permanent residency without leaving the U.S. or attending a Visa interview abroad. For many families, this route offers stability and avoids the risks of consular processing overseas. But not everyone qualifies. The eligibility rules can feel like a maze, especially if your history includes a Visa overstay, a prior deportation, or an entry without inspection. We’ve worked with people in all those situations, and here’s the good news: there’s almost always a legal roadmap to explore.

What Adjustment Of Status Means For Immigrants In Houston

Adjustment of Status (often called AOS) is how certain immigrants already inside the United States apply for a Green Card, without returning to their home country. It’s one of the most common paths to permanent residency in Houston, especially for family-based and employment-based applicants. Here’s what sets it apart from consular processing:

• You stay in the U.S. while your application is reviewed.
• No embassy interview is required unless complications arise.
• It’s available only to people who are already inside the U.S. and meet specific immigration and entry criteria.

In simple terms, AOS lets you “adjust” your immigration status from temporary (or none) to permanent, all from within the country. This process is especially helpful for spouses of U.S. citizens who entered with a Visa, even if they’ve overstayed; employment-based applicants whose priority dates are current; and humanitarian applicants, such as VAWA self-petitioners or individuals who have been granted asylum.

General Eligibility Requirements For Adjustment Of Status In Houston

Not every path to a Green Card begins outside the United States. If you’re already living in Houston and wondering whether you can apply from here, an Adjustment of Status (AOS) might be available to you. But it depends on more than just your current location. Your manner of entry, immigration history, and the type of petition you qualify under all play a role. To qualify for AOS, most applicants must meet these core criteria:

• You are physically present in the U.S.
• You were inspected and admitted or paroled into the U.S.
• You have an approved immigrant petition (or qualify to file it concurrently with Form I-485).
• An immigrant Visa number is available to you.
• You are not inadmissible, or you qualify for a waiver.
• You properly file Form I-485, including all required evidence and fees.

Once you’ve cleared these general requirements, the next step is to understand which immigration path you’re applying through. For many people in Houston, that begins with family-based sponsorship, especially if you’re married to a U.S. citizen or have a close relative who already holds status.

Who Qualifies For Family-Based Adjustment Of Status In Houston

For many immigrants in Houston, the most common Green Card path is through a family relationship. Whether you’re married to a U.S. citizen or your sibling filed a petition years ago, family sponsorship can open the door to Adjustment of Status if the right conditions are met. Here’s how eligibility works under the family-based categories:

Immediate Relatives Of U.S. Citizens

You may qualify to adjust status if you are the spouse of a U.S. citizen, an unmarried child under 21 of a U.S. citizen, or a parent of a U.S. citizen, if your child is over 21. The good news is, immediate relatives don’t have to wait for Visa number. This means you can file Form I-485 as soon as your family petition (Form I-130) is filed, or at the same time.

Family Preference Categories

These include:

• Unmarried adult children (over 21) of U.S. citizens (F1).
• Spouses and children of Green Card holders (F2A).
• Unmarried adult children of Green Card holders (F2B).
• Married children of U.S. citizens (F3).
• Siblings of U.S. citizens (F4).

Because these categories have annual Visa caps, applicants must wait for their priority date to become current before they can move forward with an Adjustment of Status. You can check your Visa availability using the monthly Visa Bulletin.

Eligibility For Employment-Based Adjustment Of Status In Houston

If you’re living in Houston and have a job offer from a U.S. employer, or you already work here on a temporary Visa, you might be eligible for a Green Card through employment. This path allows workers with specific skills, education, or investment resources to adjust their status without leaving the U.S. Eligibility depends on the type of employment-based petition you’re applying under. Here’s how it works. There are five main categories for employment green cards:

• EB-1: People with extraordinary ability, outstanding professors, or multinational managers.
• EB-2: Professionals with advanced degrees or exceptional ability.
• EB-3: Skilled workers, professionals, and some unskilled workers.
• EB-4: Special immigrants, such as religious workers, certain international employees.
• EB-5: Investors who create jobs in the U.S. through large financial investments.

Each of these categories has different filing requirements, but the process often starts with your employer petitioning USCIS on your behalf using Form I-140. Most EB-2 and EB-3 applicants must also go through the PERM labor certification process, which involves proving there are no qualified U.S. workers for the job.

Humanitarian Paths To Adjustment Of Status In Texas

Not all immigration journeys begin with a job offer or a marriage certificate. Some begin in survival, escaping danger, abuse, or exploitation. For many in Houston, humanitarian protections offer a lifeline, and in many cases, a path to a Green Card through Adjustment of Status (AOS).

VAWA-Based Adjustment: Protection For Abuse Survivors

If you’ve suffered abuse by a U.S. citizen or lawful permanent resident family member, the Violence Against Women Act (VAWA) allows you to apply for a Green Card on your own. You don’t need your abuser’s consent or involvement, and your case stays entirely confidential. Many people in Houston don’t realize they qualify, especially if the abuse was emotional, verbal, or financial. To qualify under VAWA:

• You must be the spouse, child, or parent of a U.S. citizen or Green Card holder.
• You must show evidence of abuse; this can include personal statements, messages, affidavits, or medical/police records.
• You must prove good moral character and shared residence with the abuser.

Asylees & Refugees: AOS After One Year In The U.S.

If you were granted asylum or refugee status, you may apply for a Green Card after one year of being in that protected status. Many people in Houston flee political violence, persecution, or other threats from their home countries, and asylum gives them the chance to rebuild safely.  Adjustment of Status helps them take the next step: permanent residence. To qualify:

• You must have lived in the U.S. as an asylee or refugee for at least one year.
• You must continue to meet admissibility requirements.
• You’ll file Form I-485 along with evidence of your asylum/refugee grant.

U Visas & T Visas For Victims Of Crime Or Trafficking

If you’ve been the victim of a serious crime or human trafficking in the U.S., you may already hold a U Visa or T Visa. These Visas are designed to support survivors who assist law enforcement or escape exploitative conditions. After several years in that status, you may qualify to adjust your status to permanent resident. To adjust through a U or T Visa:

• You must have held a valid U or T status for at least 3 years.
• You must not have unwaived grounds of inadmissibility.
• You’ll submit Form I-485, proof of qualifying status duration, and supporting documentation.

If you’re in Houston and your immigration story involves hardship, danger, or abuse, please know: there are legal protections that may allow you to stay and heal. Humanitarian-based adjustment of status offers one of the most forgiving paths forward, even for those who entered without a Visa or overstayed.

Finding Your Path Forward With Support You Can Trust

Living in Houston and considering a Green Card through Adjustment of Status can bring up a lot of questions and uncertainty. The process can feel overwhelming, especially if you’ve dealt with past immigration issues, long wait times, or simply aren’t sure where to start. At Houston Immigration Lawyers, we work with people just like you every day, parents, workers, students, and spouses, who need a clear, honest path forward. Whether you’re applying through a family member, an employer, or a humanitarian route like VAWA or asylum, we’ll help you understand your options and avoid costly mistakes. We approach every case with care and urgency because your future deserves both. You’ve already made it this far. Let’s take the next step together.