If you ever set foot in Miami, you will be amazed by all the beautiful things it offers to people of all ages. It is not a surprise that many people fall in love with the magic town at first sight. Perhaps you’ve been here for a while and want to get your green card. You will need to file an Adjustment of Status.
But despite your desire to move to the U.S., we won’t be surprised if you still don’t know about this process or how convenient it is. After all, it requires some technical expertise and careful preparation. Here’s an article that explains everything about status adjustment, including how you can start filing for it.
What is an Adjustment of Status?
As the name signifies, adjustment of status (AOS) involves changing your immigration status. It is a provision in the U.S. immigration act that allows eligible individuals already in the United States to change their immigration status. Completing the process makes you a lawful permanent citizen, allowing you to live and work in the United States permanently.
The process typically qualifies you for a green card. You’ll need to carry this green card as proof of citizenship. Unlike consular processing, you’ll not need to return to your homeland to apply for AOS. This feature makes it convenient for families already settled in Miami.
Who Can File for an Adjustment of Status Petition?
By now, you probably already know there are conditions for filing an immigration application under this policy. Thus, not all aliens are eligible to apply. If you’re considering filing this petition, you will need to review your chances. That said, here are all the criteria you must fulfill.
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Physical presence in the United States
The first and perhaps most important criterion that qualifies you for status adjustment is your U.S residency. So, residing somewhere outside the United States automatically disqualifies you. Alternatively, people not already in the U.S. can opt for immigrant visa processing as a route to get their green card. Processing for this option typically occurs at a U.S. consulate or embassy in your home country or the country of your foreign residence. This option is also called consular processing.
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Visa number availability
United States immigration law subject’s immigrant visas to annual numerical quotas. These quotas directly imply limitations on the annual supply of visas. With demands for available visas exceeding supply, it’s logical that processing and issuance follow a first-come, first-served basis. New AOS submissions can only be made when the published cut-off dates fall after an alien priority date. This information is usually available in the U.S. DOS visa bulletin.
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Lawful admission into the U.S.
Again, an applicant must reside in the United States to be eligible to petition for status adjustment. However, before moving to the country, you’ll need to undergo an inspection and obtain lawful admission into the United States. By ‘inspection,’ we mean presenting yourself to an immigration officer for detailed checks. On the other hand, lawful admission happens after the immigration officer informs you that you’ve been allowed entry into the country. You won’t be eligible to apply for this status if your entry into the U.S. is judged unlawful.
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Approval for an underlying immigrant petition
Here’s one criterion that only affects beneficiaries of family-based immigration. However, the clause exempts aliens who are directly related to U.S citizens. Instead, it allows them to file an AOS while their family-based immigration petition is still undergoing processing.
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Clearance from being a public charge
USCIS defines a public charge as an individual who is likely to primarily depend on the government for subsistence at some point during their stay. You’re automatically disqualified from applying for AOS if you fall into this category. Therefore, aliens seeking status adjustment are often required to demonstrate financial capability to support themselves.
Alternatively, a sponsoring relative can stand in for you. However, that doesn’t mean you can’t work with your experienced immigration lawyer.
Situations That May Make You Ineligible
Although it is a convenient pathway to citizenship, not everyone qualifies for status adjustment. Understanding the barriers that can affect your chances will help you avoid costly mistakes.
Some common issues include:
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Unlawful presence
This issue has become way too familiar in recent times. The personnel involved typically look out for signs showing illegal presence. If you’ve entered the United States without proper inspection and verification, your application can be rejected. Yes, there are a few exceptions to this barrier, but the exceptions are usually narrow and highly fact specific.
- Violation of Visa Terms
You can also lose your chances of status adjustment if you violate the terms of your visa. One of the most common violations is remaining in the U.S. beyond your authorized period of stay. Another is engaging in activities that your visa doesn’t permit, such as working without authorization. Again, this barrier may not fully apply to certain immediate relatives of U.S citizens.
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Criminal history
If you have been found guilty of any crime relating to fraud, drug use, or criminality, you may say bye to your chances. Even arrests that did not result in convictions can still be considered red flags. Please note that immigration law often approaches criminal matters differently from how the law courts do. So having an experienced lawyer in your corner can be an added advantage.
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Health-related issues
You may also face ineligibility issues because of your health status. If you’ve been diagnosed with a communicable disease of public health significance, a physical or mental disorder, your AOS may not be granted. Additionally, drug abuse and lack of required vaccination can result in added scrutiny.
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Immigration fraud/misrepresentation
The USCIS does not take information falsification lightly. So, you can expect punishments such as temporary or permanent ban on applying for visa adjustments. Offenses such as misrepresentation of intent can also attract severe punishments.
What Are the Key Documents
If you’re applying for an adjustment of status, you know you will undergo different procedures. One of them is filling out the necessary forms. There may be so many of them, but you should be able to breeze past them with proper guidance.
Remember that you must fill out these documents correctly to prove your eligibility. They also confirm your lawful entry into the country. Unnecessary delays can occur due to missing paperwork. Some essential papers are:
- Form I-485: You’ll need to complete and submit this form as your official application to adjust status. It serves as your request to change your citizenship status. Sections include personal details and other questions related to admissibility.
- Form I-130 or I-140: Depending on some specific criteria, you may be required to provide any of these forms. The first one is needed for family-based Adjustment of Status applications. The second is for employment-based cases.
- Affidavit of support: This document is mandatory when family members move. It serves as proof that your sponsoring family member has sufficient resources to support you. The affidavit helps assure the authorities that you’ll not become a public charge.
- Report of medical examination and vaccination record: The immigration Service requires applicants to undergo a medical examination by an approved civil surgeon. The reports from the examinations will confirm that you do not have medical conditions that would make you inadmissible. You can eliminate the delays associated with REFs by simply submitting this form.
- Proof of lawful entry: You must provide evidence showing your lawful entrance. Common documents include:
– A copy of your I-94, which shows your Arrival/Departure Record
– Admission stamp in your passport
– Visa used to enter the United States
- Proof of identity: The agency will require you to prove your eligibility. The required papers here include a birth certificate and a valid passport.
You may also need to provide the forms I-765 and I-131. The first one is the application for employment authorization. It allows you to work legally in the U.S. while your application for status adjustment is ongoing. The second one will enable you to travel outside the country during this time. Leaving the States without this approval often indicates that you’ve abandoned your visa, which results in cancellation.
Processing Time and What to Expect
Before you apply to adjust your status, you must know how long the process lasts. This way, you can better manage your expectations. While at it, you’ll realize how factors like visa category and service center can affect processing speed. You can typically expect to get your final document between 12 and 14 months. A lot happens during this time, including a physical interview and biometric scanning.
If approved, the immigration service will mail your green card to your address. In the event of rejection, the agency also provides detailed explanations.
Why an Adjustment of Status Attorney Matters?
Applying status adjustment is not only about filling out forms; it’s also a legal process that requires top-level accuracy. The complexity of immigration laws and their ever-evolving nature make mistakes common during applications. Thus, the importance of having experienced legal guidance during the process.
An immigration attorney helps determine eligibility accurately. We’ve seen cases where people assume qualification, only to discover issues that they could have addressed with proper legal advice. A lawyer evaluates your full immigration history to identify and mitigate risks before filing.
While AOS is such an essential means of moving to America, it is not the only way to go. In fact, people often mention consular processing when discussing status adjustments.
What is Consular processing?
While adjustment of status is intended to help individuals already living in the U.S. gain permanent residency, consular processing helps people applying from outside the U.S. It also applies to United States residents who are not eligible for AOS or who opt not to file for it. This entry requires individuals to go through the United States embassy or consulate in their country. Once USCIS approves your case, it is forwarded to the National Visa Center. The council handles every aspect of your application before scheduling a visa interview at the consulate.
Please bear in mind that the main difference between the two entry modes is where you’ll complete the processing. The distinction can significantly affect factors like time and ability to work while applying. In the event of a rejection, the USCIS will begin removal proceedings, which include sending you to immigration court by issuing a Notice to Appear. But a trained immigration lawyer can help speed up the process by assessing potential hiccups before they occur.
Coleman Law Group Can Help You
From our discussions so far, you can see that having an experienced attorney is non-negotiable when applying for adjustment of status. But again, it boils down to finding the right attorney. Our team of dedicated attorneys at The Coleman Law Group has everything it takes to help you file for adjustment of status or consular processing. We will start by carefully assessing your situation. We will then explain all available options and guide you through the application process.
We also offer flexible payment plans to suit different needs. So, you can begin your process with a few resources. Book a consultation with us now.
Legal Disclaimer
This blog is for informational purposes only and does not constitute legal advice.
