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Adjustment of Status Attorney Assisting Clients With Green Card Applications
Adjustment of status is the process immigrants to the United States go through to become Lawful Permanent Residents, commonly known as Green Card holders. Like all immigration processes, filing for an adjustment of status can be complicated and time-consuming. For starters, not all individuals who are eligible to receive green cards are eligible to “adjust status,” as some individuals have to go through a process known as “consular processing.” If you have questions about the adjustment of status process or have gotten a denial notice and aren’t sure how to proceed, the skilled immigration attorneys at Delgado Avalos Law Firm can help.
What Is the Process for Applying for an Adjustment of Status?
Determine Eligibility
There are many different situations that might qualify you for a Green Card. Some of these include, but are not limited to:
- Having a family member who is a U.S. citizen or Green Card holder
- Being a “Special Immigrant” under USCIS definitions
- Having Refugee or Asylee status
- Being a victim of human trafficking or other qualifying crimes
- Being a victim of abuse
Each of these categories, as well as some special categories not listed, have very specific definitions and qualifications that will need to be researched. An experienced immigration lawyer can help you to determine if you qualify.
File a Petition
In most cases, someone else, often a relative or employer, files the immigrant petition on your behalf. This sponsorship process typically precedes the submission of Form I-485, Application to Register Permanent Residence or Adjust Status. In certain scenarios, the petition and Form I-485 can be filed concurrently.
Determine if Visas are Still Available in Your Category
Some visas have an annual issuance cap. Form I-485 cannot be submitted unless there are visas available in the category of visa you are seeking. To find out which visas are still available, visit the Visa Availability and Priority Dates and the Adjustment of Status Filing Charts. You can also regularly monitor the Visa Bulletin published by the Department of State.
File Form I-485 Application to Register Permanent Residence or Adjust Status
Assuming that there are still visas available in your category, you may file Form I-485 Application to Register Permanent Residence or Adjust Status. Instructions for the form are here: https://www.uscis.gov/i-485. An immigration attorney can ensure your form is properly completed to minimize the risk of denial.
Attend your Biometrics Services Appointment
After filing Form I-485, you’ll receive a notice for an appointment at a local Application Support Center (ASC). This appointment involves providing your fingerprints, photograph, and/or signature for identity verification, background checks, and security screenings. Attending the appointment is crucial, as failure to do so without proper rescheduling notification could lead to application denial.
Next Steps
In some cases, you may be asked to attend an interview or provide more documentation. In these cases, you must comply or risk denial of your application.
Once all requests have been fulfilled, you may check your case status online or call the USCIS Contact Center at 800-375-5283 to find out the status of your application. Once a decision has been made, you will receive notice in written form.
If you are approved, you will receive your official Green Card after receiving the notice of a positive decision on your application.
If you are denied, you will be given the reason(s) for denial. In some cases, you can appeal, but this is uncommon. There are other avenues to take to have your application reconsidered after a denial, and one of our experienced immigration attorneys can walk you through your options.
What Are the Benefits of Being Granted an Adjustment of Status?
Even if you already live and work in the United States, obtaining a Green Card through an adjustment of status application can afford you many benefits. As a Green Card holder:
- you have the same legal protections as U.S. citizens;
- you cannot be deported back to your home country without a removal hearing;
- you can sponsor other family members for their Green Cards;
- you can travel domestically and abroad more easily;
- you can apply for federal benefits, including government assistance, Social Security, and federal student aid;
- you have access to a wider variety of employment opportunities.
Green Card holders are also able to apply for citizenship either 3 or 5 years after their adjustment of status is approved, depending on whether they are married to a U.S. citizen.
Can I Apply for Adjustment of Status to Avoid Removal Proceedings?
U.S. immigration laws permit submitting an adjustment of status application even if removal proceedings are underway. If the application is approved or deferred action is granted during this period, deportation can potentially be avoided. Nevertheless, deportation entails severe consequences, rendering you ineligible to return to the U.S. for several years. To navigate this complex situation, consult an immigration attorney without delay upon receiving notice of removal proceedings.
How Long Does It Take for an Adjustment of Status to Be Approved?
The U.S. Citizenship and Immigration Services office frequently faces application backlogs, including those related to adjustment of status. Typically, the review of your application takes several months and may extend beyond a year. To learn about the average review times for your application type and field office, refer to the U.S. Citizenship and Immigration Services website.
Partnering with an immigration attorney prior to initiating the adjustment of status process ensures thorough understanding of the process and compliance with requirements. It also guarantees access to a professional who is acquainted with your case and can provide assistance should challenges arise. To learn more, contact Delgado Avalos Law Firm’s Ventura office at 805-793-0647.
