Adjustment of Status
When we talk about getting legal permanent residence in the United States, it is crucial to be aware of all the options and procedures you have at your disposal. Among them is the Adjustment of Status. 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.
In order to benefit from an adjustment of status, the best thing you can do is to contact a competent immigration attorney that can guide you throughout the procedure and will help you to do it in a speedy way, if you wish to start right away.
If you are about to get married to an American citizen, or your spouse has just obtained legal permanent residence in the country, we want to give you up-to-date information about immigration in the United States. We want to tell you about adjustment of status by marriage, but a similar procedure is in place for different cases of adjustment of status.
What Is ‘Adjustment Of Status’?
The immigration ‘Adjustment of Status’ is a procedure that can be used by a person who is currently in the United States to change his or her status from non-immigrant to immigrant. If a person is not currently a legal resident or visitor, he or she cannot benefit from this process. One of the things you can do (provided this is a viable option for you) is to leave the country, get a visa in your country of origin, and return to the U.S. to request the corresponding change of status.
Some of the most important adjustment of status cases are:
Xavier Law Firm is ready and eager to help you handle your immigration case. Every single one of these cases requires applicants to meet very specific requirements, otherwise they will not be approved. Keep in mind that if you want to know more about your case in particular (on what basis you can request an adjustment of status) do not hesitate to reach out to us.
What Are The Steps To Apply For Adjustment Of Status By Marriage?
The first thing you must do in order to be eligible for adjustment of status by marriage is, of course, get married to an American citizen.
Remember that you can adjust your status in 2 ways. The first is by getting a visa before the engagement, and the second is by processing a K-1 Visa that would allow them to travel to the United States and celebrate the wedding up to 90 days after your arrival.
The only thing that you need to take into account is that your status in the country must be completely legal before you get married.
The second step is to follow the application for adjustment status. This should be done using the I-485 Form, which we discussed above, and the necessary documents must back up your application.
All the documents must be presented to the United States Citizenship and Immigration Services (USCIS).
You must also keep in mind that only the applicant can make the adjustment of status petition. You must be present when the documents are delivered, and you must be in the country legally. If you do not meet any of these requirements, your application will be rejected.
Remember that the documents you present vary depending on your case, that is why we recommend you to consult with an immigration lawyer before you send them.
After sending your application, the USCIS team will get in touch with you to give you an appointment in the center of application support.
During the appointment, your biometric information will be gathered for processing. Normally, this includes pictures, fingerprints, and your signature.
All of this information will be added to the investigation that USCIS will do to make sure that you are really eligible to be granted legal permanent residence in the United States.
Once you send your application, the appointment date can take from 2 to 3 weeks, which is why we recommend that you periodically check your email.
Once your biometric information is taken, you will be notified about the date and time of your interview. During the interview, you should answer all of the questions related to your application under federal oath.
You should take all of the original documents that backed up your application. For example, your passport, visa, marriage certificate, forms, etc.
Keep in mind that this interview will depend on whether your application has been approved or not. That is why you have to be as honest as possible with the information you provide, so there are no delays.
Once the entire process is complete, you only need to wait for an email with the final decision from USCIS. The decision will not be immediate, since it is possible that the authorities will be trying to confirm the information you provided or run security checks. You need to be alert again, and check your email until the answer has arrived.
If your application is denied, you can appeal. However, in these cases, we recommend you consult an immigration lawyer that can assess your case and help you win in the appealing process.
Does the Adjustment of Status process guarantee permanent residence in the United States?
The main goal of the adjustment of status process is for the person who applies for permanent residence in the United States to acquire it, and that he or she may have no need to apply for another visa. If you do not meet all of the requirement, it will be most likely denied, and in such a case, you will have to wait until you actually meet all the requirements and apply again.
Xavier Law Firm recommends you to get an Immigration attorney that can guide you or smoothly take you though the adjustment of status process. An immigration attorney will not only help you with information or guide you throughout the process, he or she will make sure that you meet all the necessary requirements so that you can successfully submit your application.