Who Qualifies for Adjustment of Status?

Are you looking to adjust your status to a Lawful Permanent Resident (LPR) in the United States? Here's what you need to know to navigate this process successfully.

Key Requirements for Adjustment of Status

1. Admission or Parole: You must have been legally admitted or paroled into the United States.

2. Visa Eligibility: You must be eligible for an immigrant visa.

3. Admissibility: You must not be inadmissible to the United States.

4. Visa Availability: An immigrant visa must be immediately available when you file your application.

Important Considerations

Conditional Permanent Residence (CR): If your marriage is less than two years old when you are granted permanent residency, you will receive CR, which is valid for two years. To remove these conditions and obtain full permanent residency, you must file Form I-751, Petition to Remove Conditions on Residence.

Adjustment vs. Consular Processing: If eligible for both, weigh the pros and cons. Adjusting status allows you to stay in the U.S. and possibly obtain employment authorization while your application is pending. However, you typically need an advance parole document for international travel during this period to avoid application abandonment issues.

245(i) Exception: This exception allows certain beneficiaries of petitions filed before April 30, 2001, to adjust status if the petition was approvable when filed and a fine is paid with the adjustment application.

Additional Factors to Consider

Evidence and Documentation: Ensure you have all necessary documents to support your application, including proof of financial stability, marriage validity, or any other required evidence. Missing or incomplete documentation can delay your application or result in denial.

Background Checks: Be prepared for thorough background checks, including your immigration history, criminal records, and any potential security risks. Full disclosure is essential as any discrepancies can negatively impact your application.

Interview Process: An interview with a U.S. Citizenship and Immigration Services (USCIS) officer is typically required. Prepare by reviewing your application and gathering all supporting documents. Honesty and clarity during the interview can significantly influence the outcome.

Legal Assistance: Navigating the adjustment of status process can be complex and challenging. Working with an experienced immigration attorney can help you understand your rights, prepare a strong application, and address any issues that arise during the process.

Need help with your adjustment of status application? Contact an experienced immigration attorney today to discuss your eligibility and start your journey towards becoming a Lawful Permanent Resident.