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Adjustment of Status involves an application procedure in which the Immigration and Nationality Act (INA) grants permission to an individual their immigration status even when the person is still in the states from not having immigration status or is a temporary visa holder.
It could also be having permanent or residential status after meeting the qualifications to be given a green card (residency) without having to leave the United States. Adjustment Status is when a U.S based individual gets permanent residence, also known as the green card, to complete their visa with zero need to go back to his or her home country.
Individuals living overseas that are eligible to apply for permanent occupancy by a green card lawyer in Los Angeles, will have to go through a medium known as Consular Processing (CP). This is another process for someone at the outskirts of the states or an ineligible person staying in states to get a visa from his or her country to move into the United States according to a permanent residency lawyer in Los Angeles.
Is it possible to do adjustment status (residency) after marriage to a U.S citizen?
The first thing you should confirm is your eligibility for a permanent occupancy or green card that is based on marriage, then you proceed to the application for status adjustment. You must know that there is a difference between eligibility for green cards and eligibility for status adjustment.
If you are foreign-born staying or dwelling in the state, and get married to a U.S citizen, your marriage can qualify you for a green card by a green card lawyer in Los Angeles which is your permanent residency. All you need do is to apply for it through status adjustment procedures.
An immigrant converts into an immediate relative once the individual marries a U.S citizen according to the immigration lawyer in Los Angeles and also eligible for green cards but doesn’t mean they are qualified for status adjustment because they possess a green card.
What is the criteria needed for Adjustment Status?
- You can be eligible for a green card, temporary residence or a permanent one, if you have a close family member who has permanent tenancy or a U.S based Manager.
- For you to be eligible for adjustment status, your current location should be in the same State.
- You must possess a justifiable visa status except if you are with your immediate relatives and you are yet to expire your stay or work in any form of illegal activities
- Should in case your eligibility depends on employment or family, there should be an approved visa petition on your file and your date shouldn’t have expired
- If your eligibility is dependent on escapee status or mental hospital, you must have waited a year before you enter the United States since your approval depends on fugitive status or the mental hospital.
- If you have the necessary criteria and yet not eligible to do adjustment of status due to illegal entry or violations of rules, you must align with the old law called 245 meaning;You can adjust once you make a sanctioned payment of 1,000 dollars if;
- The petition was filed between the 14th of January, 1998 and 30th of April, 2001 and
- If you are a beneficiary of a labor certification petition or an immigrant filed before or on April 30, 2001.
Steps to take to get an Adjustment Status
- To know your Immigrant Category:
You must determine the category of immigrants you fit into before going into the process of adjusting status. Some immigrants are entitled to get a permanent resident or green card i.e. you get permanent residency when a petition is filed on your behalf by a member of the family or an employer in the state. Others become eligible through asylum status or refugee status, or other specifications.
- Immigrant petition:
Now that you know the category you fit into, you will need an immigrant petition filed on your behalf base on the to follow categories;
- Employment-Based: This category requires a U.S manager to file a Form 1-40, a petition for non-native workers. For entrepreneurs interested in investing a substantial amount of capital into a business venture in the U.S may file Form 1-526.
- Family-Based: This category requires that a relative of the immigrant base in the United States and also a United State Citizen file an appeal on the account of a non-native relative citizen i.e. Form 1-130
- Humanitarian Based: This does not require any petition although there are requirements to be met before they can adjust status
- Special cases of Immigrants: In special cases, immigrants may file a form 1-360 for widows and special immigrants or Amerasian by an immigration lawyer in Los Angeles.
Your petition can be filed simultaneously with the form 1-485, which is the application to register for Green card or permanent residence, this is often called Concurrent filing. The important thing is to have your eligibility established for the immigrant category through an approved petition before you can access the form 1-485.
- Check for visa availability: Ensure the visa for your category is available before you file a form 1-485.
- You put in for green card registration for adjustment status attorney in Los Angeles by filling the form 1-485. You should appeal for a permanent resident form 1-485 even if a petition filing is required and approved before you fill form 1-485 as you can fill them concurrently. Ensure you read and follow every instruction and submit the necessary document and evidence for your immigrant category.
- Proceed to the Support Centre for Biometrics: After filing your application, there will be a notification for you at the Support Center for fingerprints where the application is being processed. Your headshot will be taken and will require your signature before you do your fingerprint. This process is to ensure tight security checks and also to get you a proper green card, work permit, or advance parole document.
- Interview: An invite will be forwarded to your mail for an interview at a USCIS office to answer some questions and you will swear by an oath to affirm all that is in the application. A notification before that time as regards the duration, location, and date for your interview will be included in the mail sent to you. Though it’s not all applications that require an interview. You will go for the interview with documents like passport, travel documents, form 1-94 even if they are expired.
- You will get updates via your mail: When all the necessary paperwork has been received and reviewed, interviews are done and other security checks confirmed, your eligibility will also be reviewed. A conclusive comment will be made by USCIS and will be sent to you via mail. Your residency will be granted and recorded as by your permanent residency lawyer in Los Angeles date.
Appeal a Denial: if at the end of everything, your adjustment of status is denied, it is the notice you got from them that will determine your right to appeal. Some decisions cannot be appealed, but if you are lucky to have your decision appealed, it must be documented within 28-30 days of the summation service. A movement to reconsider or reopen the case can also be litigated. An appeal notice of motion is filed on form 1-290B