What Is Adjustment of Status?
Adjustment of status is the immigration process that allows a foreign national already present in the United States to become a lawful permanent resident (green card holder) without returning to their home country. The application is filed on USCIS Form I-485 and processed by the USCIS field office with jurisdiction over the applicant's residence.
In Florida, USCIS field offices in Miami, Orlando, Tampa, and Jacksonville handle adjustment applications. Processing times vary by office and category, typically ranging from 8 to 24 months.
Common Eligibility Categories
- Family-sponsored: Spouse, parent, or unmarried child of a U.S. citizen; spouse or unmarried child of a lawful permanent resident
- Employment-based: Workers with approved labor certifications or extraordinary ability petitions
- Diversity visa: Winners of the annual diversity visa lottery
- Asylum/refugee: Persons granted asylum or admitted as refugees (eligible to adjust after one year)
- Special categories: VAWA self-petitioners, Cuban Adjustment Act beneficiaries, registry applicants
Impact on Florida Real Estate
Immigration status intersects with Florida real property law in several areas:
- Mortgage qualification: Many lenders require lawful permanent resident status or a valid visa for conventional financing. Foreign national loan programs exist but typically require 25-30% down payments.
- FIRPTA withholding: Foreign persons selling U.S. real property face 15% withholding under the Foreign Investment in Real Property Tax Act. Lawful permanent residents are generally exempt.
- Homestead exemption: Florida's homestead exemption (Article VII, Section 6, Florida Constitution) is available to permanent residents who establish the property as their primary residence, regardless of citizenship.
- Estate planning: Non-resident aliens face a $60,000 federal estate tax exemption (vs. $1.61 million for U.S. persons in 2024). Adjusting status changes the applicable tax threshold.
Related Terms
- FIRPTA — Foreign property sale withholding
- Homestead Exemption — Florida property tax reduction
- Closing — Real estate transaction completion
- Estate Planning — Asset protection and transfer planning
Barnes Walker Real Estate and Immigration Services
Barnes Walker's real estate attorneys work with immigration counsel to address FIRPTA, homestead, and title issues for foreign nationals purchasing property in Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC