Paducah Adjustment of Status Lawyer
Individuals who are not born in the United States and do not have lawful permanent resident status (also known as a “green card holder” or “lawful permanent resident”) must go through the “adjustment of status” procedure to remain. in the country.
A nonimmigrant or parole (temporary) visa holder converting to immigrant status to obtain a lawful permanent resident green card is an adjustment of status.
If a foreign national is not in the country or is not eligible to change their status while in the US, they must apply for an immigrant visa in their home country and enter the US through “consular processing.”
Only a small percentage of immigrants can change their status in the United States. Applying for adjustment of status at the wrong time or when you are not eligible can result in severe repercussions, including deportation. Therefore, before completing any immigration proceedings with the United States Citizenship and Immigration Services (USCIS), you should always consult an adjustment of status attorney in Paducah, KY.
Am I a candidate for adjustment of status?
The prospective immigrant must meet three main conditions to file an adjustment of status application. To be eligible for adjustment of status, the applicant must meet the following requirements:
You must be physically present in the United States.
When you file an adjustment of status application, you must be in the United States (and you need to complete the process within the United States).
You entered the United States legally.
You were legally admitted or paroled into the United States. In most cases, this means that you entered the United States with legitimate documents and made face-to-face contact with a U.S. immigration official, who acknowledged your arrival. You still have legal entry if you came with a valid visa that has subsequently expired.
You have an immigrant visa immediately available.
The adjustment of status application can be filed along with the I-130 petition by immediate family members of US citizens. This is because the visa is always accessible. On the other hand, family preference candidates must ensure that a visa is available. Before filing Form I-485, your visa category must be “current” on the visa bulletin.
It is also crucial that the prospective immigrant maintain his or her eligibility throughout the adjustment process. Changes in circumstances can influence the success of an adjustment request. Only a small number of people can change their status. Therefore, the adjustment is usually reserved for family members, spouses who entered as K-1 fiancés, asylees, refugees, or people who arrived on a work visa (for example, H-1B) and were sponsored by your company to obtain a green card.
What is the Adjustment of Status Application Process?
Intentional immigrants who meet the conditions for adjustment of status may submit Form I-485, Application to Register Permanent Residence or Adjust Status to USCIS. As stated above, immediate family members can apply to USCIS when they meet the qualifying criteria. Close relatives can apply “simultaneously.” This means that Form I-485 must be submitted along with Form I-130. In reality, they are only the two most basic types. The following forms are typically included in family-based adjustment application packages:
- I-485 (Application to Register Permanent Residence or Adjust Status)
- I-130 (Petition for Foreign Relative)
- I-130A (Biographical information; if family member is spouse)
- I-864 (Affidavit of Support)
- I-693 (Medical Examination Report and Immunization Record)
- I-765 (Application for employment authorization; optional)
- I-131 (Travel Document Application; optional)
USCIS will send you an appointment notification for a biometric exam once you submit your application. This is a quick appointment to get your photo, fingerprints, and signature at a USCIS Application Support Center. USCIS uses biometric data to complete a necessary criminal background check.
USCIS will most likely need you to attend an adjustment interview a few months later. Many times, the family member who filed Form I-130 will also have to appear. Some people may be exempt from having to attend an interview with USCIS. They will send you an email with the time, date and location of your interview. USCIS uses the adjustment of status interview to verify the information you and your applicant submitted in the petition and application for adjustment. It is also an opportunity for them to evaluate whether anything has changed in their life that would make them ineligible. This is a short interview that lasts between 20 and 30 minutes in most cases.
The entire adaptation procedure can take between 8 and 14 months for most applicants.
What are the advantages of status adjustment?
The main advantage of being qualified for an adjustment of status (AOS) is that you are about to obtain a green card . After USCIS accepts an AOS application, the alien beneficiary is granted permanent residence in the United States.
Furthermore, AOS applicants are entitled to additional benefits while their Form I-485 applications are pending. Early parole, work permit, and legal stay are the three key benefits AOS candidates receive.
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Reentry Permit
When an immigrant applies for adjustment, he or she may also apply for a Reentry Permit simultaneously. Approval of a Reentry Permit or Advance Travel Permit allows a foreign national to travel freely abroad while their AOS application is pending, without having to abandon their application, lose any AOS-related benefits, or apply for and obtain an AOS visa. nonimmigrant to re-enter the United States. Reentry Permit is not required for some H and L visa holders: H and L visa holders with pending I-485s can depart the United States without their AOS applications being considered abandoned by USCIS.
Employment authorization document
Future AOS recipients can apply for an employment authorization document (EAD), often known as a work permit, in the same way they can for Reentry Permit or Advance Travel Permit. As long as their I-485s are pending, foreigners with EAD can work for any company in the United States.
Legal stay
While their adjustment petitions are pending, foreign nationals with pending AOS petitions may remain in the United States lawfully, that is, without any other legitimate status. While it is permissible to let previous nonimmigrant status expire while an AOS application is in progress. We strongly advise applicants to maintain their previous status while their AOS petitions are pending. This is especially crucial for applicants who did not hire a professional immigration attorney and were caught off guard when their adjustment requests were denied.
We are here to help
People seeking permanent residency should always consult an attorney about their circumstances. The help of an adjustment of status attorney makes the process of acquiring a green card as simple as possible, even under the simplest and most uncomplicated conditions. Call Citizenship & Immigration Law Firm now to book a consultation with one of our Kentucky immigration attorneys.
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