Adjustment of Status allows specific foreign immigrants to be able to apply for immigrant status after having entered the United States previously. It is important to follow correct procedures in order to achieve this status. The Immigration and Nationality Act (INA) permits the change of an individual’s immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card (permanent residence) in a particular category.
In order to apply for permanent residency, the applicant must be the beneficiary of an approved immigrant petition, and the priority date must be current, if applicable. The application (form: I-485) must
be accompanied by a sealed envelope from a designated civil surgeon who performed a medical exam on the applicant. This envelope must be accompanied by form I-693. In addition to that, form G-325 must be submitted, containing biometric information about the applicant.
Below are the main types of immigrant petitions:
- Family Based: Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130.
- Employment Based: Employment based categories most often require the intending U.S. employer to file a Form I-140. Entrepreneurs who intend to invest significant amounts of capital into a business venture in the United States may file Form I-526.
- Special Classes of Immigrants: Certain classes of immigrants may file a Form I-360, Petition for Amerasian, Widow(er), and Special Immigrant, or have one filed on their behalf.
- Humanitarian Programs: Most humanitarian programs do not require an underlying petition, although individuals may need to meet additional requirements before they can adjust status.
Benefits of Adjustment of Status:
- While your Adjustment of Immigration Application is processing, you will be granted a valid status in the United States
- While waiting for the decision of your Adjustment Of Status Application, you are allowed to apply for your employment authorization document
- You may be able to appeal your status of Adjustment Of Status Application if you have been denied
Following procedures for Adjustment of Immigration can be a grueling and extremely involving process. Be prepared by having a lawyer by your side. It is crucial to have an experienced Adjustment of Immigration lawyer by your side to help you through the application process to make sure that you have met all the required criteria to be granted an adjustment of status. Let us help you seek the benefits of this procedure.