Adjustment of Status: What You Need to Know
Adjustment of Status: What You Need to Know
Adjustment of Status is a process that allows eligible noncitizens already in the United States to apply for lawful permanent resident status (green card) without having to leave the country. This process can be complex and requires a thorough understanding of immigration law. Attorney Kyndra L. Mulder specializes in immigration law and can provide personalized legal services to help clients navigate the complexities of the adjustment of status process.
One of the benefits of adjustment of status is that it allows individuals to obtain lawful permanent resident status without having to return to their home country. This means that they can avoid lengthy separations from family and potential complications associated with consular processing. However, any errors or omissions in the application can lead to delays, denials, or even deportation proceedings. As such, it is important to work with an experienced immigration attorney to ensure that the application is completed accurately and thoroughly.
Attorney Kyndra L. Mulder is committed to providing clients with the experience and passion necessary to navigate the complexities of immigration law. With a focus on defending the enforcement of the I-864 Affidavit of Support, she can help clients through the adjustment of status process and provide personalized legal services to help them achieve their immigration goals.
Eligibility Requirements
To be eligible for Adjustment of Status, the applicant must meet certain requirements. These requirements include Immigration Petition Approval, Visa Availability, Admissible Status, and Continuous Residence.
Immigration Petition Approval
The applicant must have an approved immigration petition, such as Form I-130, Form I-140, Form I-360, or Form I-526. The approval of the immigration petition is necessary to establish the applicant's eligibility for Adjustment of Status.
Visa Availability
The applicant must have a visa immediately available at the time of filing the Adjustment of Status application. Visa availability is determined by the priority date, which is the date the immigration petition was filed. The priority date must be earlier than the cutoff date listed in the monthly Visa Bulletin issued by the Department of State.
Admissible Status
The applicant must have been lawfully admitted or paroled into the United States. The applicant must not have engaged in any activities that would make them ineligible for Adjustment of Status, such as working without authorization or overstaying a visa.
Continuous Residence
The applicant must have continuously resided in the United States since their last lawful admission. Continuous residence means that the applicant has not left the United States for an extended period of time or engaged in any unauthorized activities that would interrupt their continuous residence.
In conclusion, Adjustment of Status is a process that can provide eligible noncitizens with lawful permanent resident status without having to leave the country. However, the process can be complex and any errors or omissions in the application can lead to delays, denials, or even deportation proceedings. Attorney Kyndra L. Mulder specializes in immigration law and can provide personalized legal services to help clients navigate the complexities of Adjustment of Status.
Application Process
To apply for Adjustment of Status, eligible noncitizens already in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for lawful permanent resident status (also known as a Green Card) and must be filed with U.S. Citizenship and Immigration Services (USCIS).
Filing Form I-485
When filing Form I-485, applicants must include the appropriate filing fees, as well as supporting documentation. This includes evidence of eligibility, such as proof of legal entry into the United States, and evidence of eligibility for the requested immigration status.
Supporting Documentation
In addition to evidence of eligibility, applicants must also provide supporting documentation, such as a birth certificate, passport, and marriage certificate. Applicants may also need to provide additional documentation, such as police certificates or medical examinations, depending on their individual circumstances.
Biometrics Appointment
After filing Form I-485, applicants will receive a notice to attend a biometrics appointment. During this appointment, USCIS will collect fingerprints, photographs, and other biographical information from the applicant.
Interview Scheduling
Finally, applicants may be required to attend an interview with USCIS. During the interview, USCIS will review the application and supporting documentation, and may ask the applicant questions about their eligibility and intentions in the United States.
It is important to note that the adjustment of status process can be complex, and any errors or omissions in the application can lead to delays, denials, or even deportation proceedings. It is recommended that applicants seek the assistance of an experienced immigration attorney to ensure that their application is complete and accurate.
Adjustment of Status for Special Categories
Adjustment of Status is a process through which eligible noncitizens already in the United States can apply to become lawful permanent residents (green card holders) without having to leave the country. The following are special categories of noncitizens who may be eligible for Adjustment of Status.
Asylees and Refugees
Asylees and refugees who were granted asylum or admitted to the United States as refugees may be eligible for Adjustment of Status. They must have been physically present in the United States for at least one year after being granted asylum or admitted as a refugee.
Special Immigrant Juveniles
Special Immigrant Juvenile Status (SIJS) is a federal law that helps certain undocumented young people who cannot be reunified with one or both of their parents due to abuse, abandonment, neglect, or similar reasons. SIJS recipients may be eligible for Adjustment of Status and can apply to become lawful permanent residents (LPRs) in the United States.
Victims of Abuse (VAWA)
Victims of abuse, including domestic violence, may be eligible for Adjustment of Status under the Violence Against Women Act (VAWA). VAWA allows certain abused noncitizens to self-petition for a green card without the abuser's knowledge or consent.
The adjustment of status process can be complex, and any errors or omissions in the application can lead to delays, denials, or even deportation proceedings. Therefore, it is important to seek the assistance of an experienced immigration attorney like Attorney Kyndra L. Mulder who specializes in immigration law. She offers personalized legal services with a focus on commitment, experience, and passion for helping clients navigate the complexities of immigration law.
Work and Travel Authorization
Adjustment of Status applicants may be eligible to apply for work and travel authorization while their application is pending. There are two types of authorizations available: Employment Authorization Document (EAD) and Advance Parole.
Employment Authorization Document
The Employment Authorization Document (EAD) is a card that allows the holder to work legally in the United States. To apply for an EAD, the applicant must file Form I-765, Application for Employment Authorization. The fee for filing Form I-765 is $410, and the average processing time is 4-6 months.
According to CitizenPath, adjustment of status applicants filing in the (c)(9) or (c)(16) categories are not required to pay an additional fee to file Form I-765. USCIS requires no I-765 fee if the adjustment of status applicant satisfies the following two requirements:
The applicant filed Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007; and
The applicant is filing Form I-765 concurrently with or after filing Form I-485.
Advance Parole
Advance Parole is a document that allows the holder to re-enter the United States after traveling abroad while their adjustment of status application is pending. To apply for Advance Parole, the applicant must file Form I-131, Application for Travel Document. The fee for filing Form I-131 is $575, and the average processing time is 4-6 months.
According to USCIS, an applicant should not travel outside the United States while their adjustment of status application is pending unless they have obtained Advance Parole. If they do, their application may be considered abandoned, and they may not be allowed to re-enter the United States.
It is important to note that obtaining Advance Parole does not guarantee re-entry into the United States. The Customs and Border Protection (CBP) officer at the port of entry makes the final decision on whether to admit the applicant into the United States.
After Filing
Once an Adjustment of Status application has been filed, there are several important steps to keep in mind.
Case Status Tracking
It is important to regularly check the status of the case online using the USCIS Case Status Online tool. This tool provides real-time updates on the status of the case, including whether additional information is needed or if an interview has been scheduled. It is important to keep track of the case status and respond promptly to any requests for additional information or documentation.
Responding to Requests for Evidence
If USCIS requires additional information or documentation in order to process the application, they will issue a Request for Evidence (RFE). It is important to respond to the RFE promptly and provide all requested information and documentation. Failure to respond to an RFE in a timely manner can result in the denial of the application.
Address Changes Notification
It is important to notify USCIS of any changes in address during the Adjustment of Status process. Failure to do so can result in important notices and documents being sent to the wrong address, which can delay the processing of the case or even result in the denial of the application.
Overall, it is important to be vigilant and responsive throughout the Adjustment of Status process. Seeking the assistance of an experienced immigration attorney, such as Attorney Kyndra L. Mulder, can help ensure that the process goes smoothly and that any issues or concerns are addressed promptly and effectively.
Decision and Potential Outcomes
Once an Adjustment of Status application is filed, USCIS will review the application and supporting documents to determine whether the applicant is eligible for permanent resident status. There are two potential outcomes of an adjustment of status application: approval or denial.
Approval and Permanent Resident Status
If the application is approved, the applicant will become a lawful permanent resident of the United States. This means that the applicant will have the right to live and work in the United States permanently. The effective date of permanent residence is generally the date the adjustment application is approved, but in some cases, the date of admission can roll back to an earlier date [1].
Denial and Appeal Rights
If the application is denied, the decision notice will provide the reason(s) why the application was denied. In most cases, the decision to deny an adjustment of status application cannot be appealed. However, if the applicant believes that the decision was made in error, they may be eligible to file a motion to reopen or reconsider [2].
It is important to note that any errors or omissions in the application can lead to delays, denials, or even deportation proceedings [3]. Therefore, it is crucial to ensure that the application is complete and accurate before submitting it to USCIS.
As Attorney Kyndra L. Mulder advises, the adjustment of status process can be complex, and it is important to have a knowledgeable and experienced attorney to guide you through the process and help you avoid potential pitfalls [3].
