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 South Dakota, as in all states, adjustment of status is a process governed by federal law, not state statutes. Individuals who are physically present in the United States and meet certain eligibility criteria can apply for lawful permanent resident status (Green Card) without having to leave the country. This process is managed by the United States Citizenship and Immigration Services (USCIS) and involves filing Form I-485, along with any necessary supplements, such as Form I-485 Supplement A for those eligible under section 245(i) of the Immigration and Nationality Act. Eligibility for a Green Card can be based on various categories, including family relationships, employment, special immigrant status, refugee or asylee status, victim of human trafficking or crime, victim of abuse, registry, or other specified categories. Applicants must follow the specific instructions provided by USCIS, including where to file their applications, which can be found on the USCIS website. It is important to consult with an attorney who specializes in immigration law to navigate the complexities of the adjustment of status process and ensure all eligibility and filing requirements are properly met.