U.S. Adjustment of Status
For individuals residing in the United States, there are procedures that permit the change of an immigration status from non-immigrant or temporary status to permanent status. In order to qualify for this adjustment of status, individuals must be inspected and admitted into the U.S. and must also be able to meet all requirements for a green card, or permanent residence status, in a particular category.
Unlike consular processing, adjustment of status is available to those currently residing in the U.S., which allows individuals to get permanent residence status without having to return to their home country to complete visa processing.
Why Seek an Adjustment of Status?
When a foreign national goes through the immigration process necessary to obtain a valid non-immigrant or temporary visa, there are many reasons he or she may want to obtain an adjustment of status after arriving here in the U.S. For example, an individual who is granted entry into the U.S. on a K-1 visa for the purpose of marrying his or her fiancé(e) will want to request an adjustment of status once the marriage takes place.
Family-based immigration is a way in which the spouse and children of a U.S. citizen or legal permanent resident can gain legal entry into the U.S. so that they can then request a green card and obtain an adjustment from temporary to permanent immigration status.
The Adjustment of Status Process
In order to begin the application process for an adjustment of status, the first step is to confirm the individual meets all the requirements to obtain permanent resident status, or be granted a green card.
Once that has been done, the individual needs to resolve which immigrant category best suits their situation. Most immigrants become eligible for permanent residence status through a petition filed on their behalf by a family member or employer. Others may be eligible for permanent residence through obtaining refugee or asylum status, or by other special provisions.
If you are interested in how you may be eligible to become a permanent resident, our legal team at Brown Immigration Law will help you determine the most appropriate pathway you have available.
Visa Availability and Form I-485
When it has been determined which category best fits an immigrant's personal situation, an immigrant petition must be filed on their behalf. Once a visa is available in the specific category, applicants may be able to file for their permanent residence status on Form I-485. Some categories may require a different form, but all applicants must supply the required documentation and evidence.
Application Support Center
After the application and necessary forms have been filed, applicants must visit an Application Support Center, where pictures, fingerprints, and signatures will be collected. This information will be used to conduct security checks, as well as for creating future green cards and employment authorization.
The USCIS will notify applicants of the date, time and location of an interview. Applicants will answer questions under oath regarding their application and other personal information. Originals of all documents submitted with the application must be brought to interviews, including documentary requirements such as passports, official travel documents, and Form I-94. Not all applications will require an interview, but if notified, applicants must appear.
Once all required documentation has been received and all interviews and security checks have been completed, cases will be ready for a final decision from the USCIS. All final decisions will be received in writing in the mail. If necessary, applicants who do not receive a decision in a reasonable amount of time can file writs of mandamus, which will require the USCIS to make a final decision.
Denials and Appeals
If an application for an adjustment of status is denied, the USCIS will notify applicants about their ability to appeal a final decision. Not all denials can be appealed. If a decision can be appealed, applicants must file the appeal within 30 days of the decision. In some cases, applicants may also be able to file a motion to reopen or reconsider an application. Brown Immigration Law will help anyone take the necessary steps to complete an appeal or motion to reconsider.
Legal Immigration Assistance in Florida
Brown Immigration Law is comprised of highly experienced and knowledgeable immigration attorneys near Orlando who are prepared to assist applicants with any issue related to an adjustment of status. Gaining permanent residence status is one of the top goals for most immigrants, but the procedures, paperwork and legal work involved can make the process difficult and extremely frustrating. Our legal team will handle all the necessary work and will help all applicants better understand the adjustment of status process.
Learn more about how our firm can help. Contact Robert Brown LLC today.
Our Legal Team