ADJUSTMENT OF STATUS
Under the Immigration and Nationality Act (INA), you can change your status while you are in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if: (1) you were inspected and admitted or paroled into the United States; and (2) you are able to meet the qualifications for a green card (permanent residence) in a particular category. The Adjustment of Status process allows you to get permanent resident status (a green card) without having to return to your home country to complete visa processing.
What are the steps?
1. Determine Your Basis to Immigrate
We will meet with you to determine if you fit into a specific immigrant category that will allow you to request an Adjustment of Status.
2. File Your Petition
Once we determine which category best fits your situation, we will file an immigrant petition on your behalf.
3. File Form I-485
We will help you properly prepare and submit your request for permanent residence on Form I-485 at the appropriate time.
4. Security Checks
After you file your application, you have to go to an Application Support Center for biometrics collection, which usually involves having your picture taken, providing your signature and being fingerprinted. This information will be used for your security checks and for eventual creation of a green card, employment authorization (work permit) or advance parole document. We will assist you as necessary to complete the required security checks.
5. Interview (if applicable)
You will be interviewed under oath regarding your application at a USCIS office. We will prepare you for this interview and attend with you when necessary.
6. The Decision
After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by USCIS. USCIS officials will review your case to determine if it meets one of the exceptions.
If your application for adjustment of status is denied, you may have the right to appeal. However, not every decision can be appealed. We will meet with you after any denial to go over your appeal rights and options. Generally, the appeal must be filed within 30 days of the decision.
Consult With Our Team
To discuss how one of our lawyers can assist you with your immigration matter, contact us online or call 601-957-3101.