Adjustment of status
Adjustment of Status is one of the ways to acquire permanent residency in the US. To become a permanent resident of the US, an individual can choose between two methods based on their situation. The green card for family-based immigration can be obtained either through Adjustment of Status or Consular processing.
Consular processing requires the individual to apply for an immigrant visa from the US consulate office from their home country. It is a way for a relative of a US citizen to get the green card. If the said relative had been staying in the US, they would need to return to their home country to be eligible for consular processing.
Adjustment of Status, on the other hand, allows you to obtain the green card without leaving the country. But the process can be long, and not everyone is eligible for adjustment of status. There are strict rules governing the process that sometimes make even the immediate relatives of a US citizen ineligible for adjustment of status. It is recommended that you obtain legal counsel if you are considering this option.
An immigrant petition needs to be filed on your behalf by a family member who is a citizen or some other sponsor. Once approved, you have to file the green card application, also called the form I-485, Application to Register Permanent Residence or Adjust Status. If your category permits, you can file form I-485 at the time of filing the petition. It is known as ‘concurrent filing.’ The individuals seeking permanent residence under Adjustment of Status are also eligible to apply for a work permit while their case is pending. But if you wish to visit another country while the case is pending, you are expected to obtain ‘advance parole’ or permission from the authorities before leaving the US. Failure to do so can lead to rejection of your application as well as denying entry into the US.
Once the application has been filed, an appointment will be set up for your biometrics and signature. Following the appointment, your file will be reviewed by the USCIS, and if required, an interview might be scheduled. It is crucial that you appear for the interview with the required documents on the date, time, and venue provided to you. When decided, USCIS sends out a written notice informing the application of their decision about the application, if it has been approved or not. If rejected, it also includes whether the decision can be appealed for reconsideration by the applicant.
The process for adjustment of Status can be challenging. Our experienced New Jersey immigration lawyers at Bhuchar Law firm have been assisting clients with their green card cases for years. A small error can set back your application approval or can even lead to rejection. It is essential that all steps be followed, and all laws are complied with when filing for adjustment of status. Our attorneys examine your case critically, review your immigration and family history, ensure that you have all the required documents ready, and provide the options that suit you best. We are here to prepare you for your case and offer you legal advice at each step of the process. If you have any further questions, kindly consult with an attorney in our office.