Achieve Permanent Residence Through An Adjustment Of Status
If you are currently in the U.S. on a temporary Visa, we may be able to put you on a path to permanent residency and citizenship through naturalization. We can do this by guiding you through an Adjustment of Status proceeding. If you qualify for an Adjustment of Status, you will be able to apply without having to return to your home country for processing. You will also be allowed to apply for a work permit or employment authorization document (EAD) during processing. You may even be allowed to travel during processing.
Contact Lozano Law Firm in San Antonio, San Angelo, and Eagle Pass to find out whether you may be eligible for an Adjustment of Status. An experienced immigration attorney can help you determine your eligibility. We can also walk you through every step required for filing a successful I-485 Application to Register Permanent Residence or Adjust Status.
What Is An Adjustment Of Status?
Adjustment of Status is a process through which you may go from one immigration status to becoming a lawful permanent resident or Green Card holder. An Adjustment of Status takes place without you having to leave the United States and return to your home country. For example, you may have a temporary Visa that you wish to adjust to a Green Card.
If you are outside of the United States or still live in your home country, you must go through Consular Process to become a lawful permanent resident in the United States. This can involve two or more status steps that require Visas and a Green Card. You should work with an attorney throughout the Adjustment of Status or Consular Process. Both of these processes can be complex and require knowledge of U.S. immigration laws.
Help For Newly-Married Immigrants & Their Children
An Adjustment of Status is available for people who entered the country on a K-1 non-immigrant Visa (also known as a Fiancé(e) Visa) for the purpose of marriage, and who married their fiancé(e) within 90 days of entry. Additionally, any children who came over on a K-2 derivative Visa may be eligible for an Adjustment of Status as well. Once you adjust your status, you and your children will receive a Green Card. You will then be entitled to lawful permanent residence in the U.S.
An Adjustment of Status proceeding is a complex process, and not everyone is eligible. For instance, if you entered the country without proper entry clearance or became a public charge, then you may be deemed ineligible. Other requirements/qualifications include:
• Having current legal status as an immigrant
• Having received approval of all required prerequisite petitions
• An immigrant Visa number is immediately available based on an approved immigrant petition, or your application is filed along with another petition which would make an immigrant Visa number immediately available if approved
• There are no pending removal proceedings lodged against you
• You have no history of unauthorized employment or criminal activity
• You must remain eligible for permanent residency during the application process
Filing An Immigrant Petition & Other Documents For Adjustment Of Status
After you determine if you are eligible for an Adjustment of Status, you will need to complete necessary forms and submit them to the U.S. Citizenship and Immigration Services (USCIS). That will include an immigration petition and Green Card application. These forms will include an Application to Register Permanent Residence or Adjust Status, Form I-485. You may file the application separate or along with other forms. If you file everything together, it will be called “concurrent filing.” Although concurrent filing can be complex because you must submit many official forms at once, it can cut down on time in the long run.
You may have to wait to file your application and additional documentation until a Visa is available in your category. There are specific Visa availability and priority dates that you must wait for if you are seeking an Adjustment of Status. It’s best to work with a skilled immigration attorney. We can help make sure you are submitting everything at the proper time so that you can achieve an Adjustment of Status.