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What is an adjustment of status

What is an adjustment of status

Welcome to our guide on adjustment of status! If you’re considering adjusting your immigration status within the United States, you’ve come to the right place. In this article, we’ll explain what adjustment of status is, who is eligible for it, and the step-by-step process involved. So let’s dive in and demystify this important immigration procedure!

I. Introduction

When it comes to navigating the complex world of immigration, the term “adjustment of status” often comes up. But what exactly does it mean? In simple terms, adjustment of status refers to the process of changing your nonimmigrant status to that of a lawful permanent resident (LPR) while you are physically present in the United States. It is an alternative to consular processing, which requires leaving the U.S. and obtaining an immigrant visa at a U.S. embassy or consulate abroad.

Adjustment of status is a crucial immigration pathway that offers numerous benefits, including the opportunity to work, travel, and eventually obtain permanent residency and citizenship. In this article, we’ll walk you through the essentials of adjustment of status, eligibility requirements, the application process, common challenges to avoid, and the advantages it brings.

II. What is Adjustment of Status?

Adjustment of status is the process by which an individual in the United States changes their nonimmigrant status to that of a lawful permanent resident. It is an opportunity for eligible individuals to pursue their immigration goals without leaving the country.

To be eligible for adjustment of status, you must meet certain criteria, which may vary depending on the category under which you are applying. Generally, the following groups of people can apply for adjustment of status:

  1. Immediate Relatives of U.S. Citizens: Spouses, unmarried children under 21, and parents of U.S. citizens.
  2. Family-sponsored Applicants: Certain family members of U.S. citizens and lawful permanent residents can apply for adjustment of status based on family relationships.
  3. Employment-based Applicants: Individuals with approved employment-based immigrant petitions can adjust their status if a visa number is available.
  4. Asylees and Refugees: Individuals who were granted asylum or refugee status in the U.S. may apply for adjustment of status.
  5. Diversity Visa Lottery Winners: Selectees of the Diversity Visa Lottery program who meet all the requirements.
  6. Humanitarian-based Categories: Special circumstances, such as victims of abuse, crime, or trafficking, may qualify for adjustment of status.

It’s important to note that adjustment of status is distinct from other immigration processes, such as applying for a visa or a change of status. While a visa allows entry into the United States, adjustment of status is the pathway to obtaining lawful permanent residency while already present in the country.

III. Eligibility Requirements for Adjustment of Status

Eligibility requirements for adjustment of status vary depending on the category under which you are applying. Let’s take a closer look at the different categories and their specific requirements.

1. Employment-Based Categories

If you’re applying for adjustment of status based on employment, you must meet the following criteria:

  • Have an approved employment-based immigrant petition, such as an I-140.
  • Have a current priority date and an available visa number in your preference category.
  • Maintain a lawful nonimmigrant status while waiting for adjustment of status.
  • Have a job offer from a U.S. employer willing to sponsor your application.

The specific requirements may differ based on the employment preference category, such as EB-1, EB-2, or EB-3.

2. Family-Based Categories

If you’re applying for adjustment of status based on a family relationship, the requirements may include:

  • A qualifying family relationship with a U.S. citizen or lawful permanent resident.
  • An approved family-based immigrant petition, such as an I-130.
  • A current priority date and an available visa number in your preference category.
  • Proof of a bona fide relationship, such as marriage or parent-child relationship.

The eligibility criteria for family-based adjustment of status may vary depending on the specific family preference category.

3. Humanitarian-Based Categories

Individuals who qualify for adjustment of status based on humanitarian grounds, such as victims of abuse, crime, or trafficking, must fulfill specific requirements outlined by the U.S. Citizenship and Immigration Services (USCIS). These requirements may include providing evidence of the qualifying humanitarian circumstance and meeting other eligibility criteria unique to each category.

It’s crucial to consult the USCIS website or seek professional guidance to understand the detailed eligibility requirements for your specific situation.

IV. The Adjustment of Status Process

The adjustment of status process involves several steps. Let’s walk through the main stages to help you navigate this immigration journey.

1. Filing the Form I-485 and Supporting Documents

To initiate the adjustment of status process, you’ll need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS. This form serves as your formal request to adjust your immigration status.

Along with the completed form, you’ll need to submit supporting documents, such as:

  • Identity and travel documents (passport, I-94, etc.).
  • Proof of eligibility for adjustment of status.
  • Evidence of relationships (marriage certificate, birth certificates, etc.).
  • Affidavit of support from a qualifying sponsor (Form I-864).
  • Medical examination report (Form I-693).

It’s important to ensure that all documents are accurate, complete, and up-to-date to avoid delays or possible denials.

2. Biometrics Appointment and Background Checks

After submitting your application, you’ll receive a notice to attend a biometrics appointment. During this appointment, your fingerprints, photograph, and signature will be collected for identity verification and background checks.

The USCIS conducts thorough background checks to ensure your eligibility and admissibility. These checks include reviewing your criminal history, immigration records, and security-related databases.

3. Interview with USCIS

In most cases, you’ll be required to attend an interview with a USCIS officer. The purpose of the interview is to assess the validity of your application, verify the information provided, and evaluate your eligibility for adjustment of status.

During the interview, you may be asked questions regarding your background, relationship (if applying as a family member), employment (if applying based on employment), and other relevant details. It’s essential to prepare thoroughly, gather all necessary documentation, and familiarize yourself with the information provided in your application.

The USCIS officer will make a decision based on the interview and supporting evidence. If approved, you will receive a notice of approval and your green card (Form I-551) will be mailed to you.

What is an adjustment of status

V. Common Pitfalls and Challenges

While navigating the adjustment of status process, it’s essential to be aware of common pitfalls and challenges that applicants often encounter. By avoiding these pitfalls, you can help ensure a smoother and more successful application process. Here are some tips to consider:

  1. Incomplete or Inaccurate Documentation: Make sure all required documents are submitted accurately and completely. Missing or incorrect information can lead to delays or even denials.
  2. Failure to Maintain Legal Status: If you are applying for adjustment of status based on a nonimmigrant visa, it’s crucial to maintain your lawful status throughout the process. Falling out of status can complicate your application.
  3. Criminal History or Inadmissibility: Certain criminal convictions or immigration violations can affect your eligibility for adjustment of status. Seek legal advice if you have concerns about your admissibility.
  4. Insufficient Evidence of Relationship: When applying based on a family relationship, provide sufficient evidence to demonstrate the bona fide nature of the relationship. This may include marriage certificates, joint financial documents, and photographs.
  5. Missed Deadlines or Appointments: Adhere to all USCIS deadlines and attend all required appointments. Missing appointments or failing to meet deadlines can result in delays or potential denials.

By being diligent, thorough, and proactive throughout the adjustment of status process, you can minimize potential challenges and increase your chances of a successful outcome.

VI. Benefits of Adjustment of Status

Adjustment of status offers numerous benefits to individuals seeking to become lawful permanent residents in the United States. Let’s explore some of the key advantages:

  1. Work Authorization: Once your adjustment of status application is approved, you are eligible to receive an Employment Authorization Document (EAD) or work permit. This allows you to work legally in the United States while your application for permanent residency is being processed.
  2. Travel Permission: With an approved adjustment of status application and an advance parole document, you can travel outside the United States without abandoning your application. This flexibility allows you to visit your home country or travel for business or personal reasons.
  3. Pathway to Permanent Residency: Adjustment of status is the gateway to obtaining lawful permanent residency, also known as a green card. Permanent residency grants you the right to live and work permanently in the United States, offering stability and security for you and your family.
  4. Access to Government Benefits: As a lawful permanent resident, you may become eligible for certain government benefits, such as healthcare, education, and social security benefits.
  5. Path to Citizenship: By becoming a lawful permanent resident through adjustment of status, you open the doors to eventually apply for U.S. citizenship. Citizenship provides additional rights and opportunities, including the ability to vote and petition for family members to immigrate.

The benefits of adjustment of status are numerous and can significantly enhance your life and opportunities within the United States.

VII. Adjustment of Status vs. Consular Processing

When considering adjusting your immigration status, you may wonder whether to choose adjustment of status or consular processing. Both options have their advantages and considerations. Let’s compare the two to help you make an informed decision.

Adjustment of Status:

  • Requires physical presence in the United States.
  • Allows you to stay in the U.S. while your application is being processed.
  • Provides the opportunity to obtain work authorization and travel permission.
  • May be a more convenient option for individuals already residing in the United States.
  • Generally suited for individuals who meet the eligibility criteria for adjustment of status.

Consular Processing:

  • Requires obtaining an immigrant visa at a U.S. embassy or consulate abroad.
  • Involves traveling outside the U.S. for visa processing.
  • Often suitable for individuals who do not meet the eligibility criteria for adjustment of status or prefer to go through the consular process.
  • May have shorter processing times in some cases.
  • Requires thorough preparation and documentation for the visa interview.

The decision between adjustment of status and consular processing depends on your specific circumstances and eligibility. Consulting with an immigration attorney can provide personalized guidance and help you make the best choice for your situation.

If you believe you may qualify for the adjustment of status (Green Card), we encourage you to contact the Law Office of Ghenadie Rusu for professional guidance and support.

VIII. Adjustment of Status FAQ

Q1: Can I work while my adjustment of status application is pending? Yes, you can obtain an Employment Authorization Document (EAD) while your application is pending, allowing you to work legally in the United States.

Q2: How long does the adjustment of status process take? The processing time varies depending on various factors, including USCIS workload and your specific case. It can range from several months to over a year.

Q3: Can I travel internationally while my adjustment of status application is pending? You can travel internationally with an approved advance parole document, which allows you to re-enter the U.S. without abandoning your application.

Q4: Do I need a sponsor for adjustment of status? Sponsorship is required for certain categories, such as family-based and employment-based applications. The sponsor is responsible for meeting the financial obligations and supporting the applicant.

Q5: Can I adjust my status if I entered the U.S. unlawfully? In some cases, individuals who entered the U.S. unlawfully may still be eligible for adjustment of status, depending on specific circumstances. Consulting with an immigration attorney is recommended to evaluate your options.

IX. Conclusion

Adjustment of status is a vital immigration process that offers individuals the opportunity to change their nonimmigrant status to lawful permanent residency while in the United States. By understanding the eligibility requirements, navigating the application process, and addressing potential challenges, you can increase your chances of a successful outcome.

Whether you’re seeking to reunite with family members, pursue employment-based opportunities, or escape dangerous situations, adjustment of status opens doors to a brighter future within the United States. Take the time to gather accurate documentation, seek professional guidance if needed, and remain proactive throughout the process.

Remember, adjusting your immigration status is a significant step toward achieving your dreams and building a better life for yourself and your loved ones. Embrace the journey and make the most of the opportunities that lie ahead.

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