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One of the misconceptions people have about entering the United States on a specific type of visa is that they cannot change that status. However, “adjustment of status” allows people to change their status from nonimmigrant visa holder to Green Card holder. It is not available to all visa holders, but it is possible for many people.

Not every person qualifies for adjustment of status in Berwyn. Someone has to be eligible for a Green Card and figure out which one applies. Additionally, the expenses for a Green Card may vary according to the type, so it can be vital information. A hard-working immigration lawyer could help you determine your eligibility.

Determine Your Green Card Category

The first step in adjusting one’s status is determining which Green Card he or she can obtain in Berwyn. Three types of Green Cards are available: family, employment, and humanitarian, all of which will require sponsorship.

The sponsor will file the I-130 form for family Green Cards, the I-140 form for employment Green Cards, and the I-730 form for humanitarian applications. Failing to file the correct adjustment of status form can delay your application for adjustment of status.

Consular Processing Compared to Adjustment of Status

Adjustment of status is for people currently living in the U.S. on temporary visas. Anyone outside the U.S. who seeks to change to a different status must go through consular processing. Consular processing occurs when people apply for their Green Card from outside the U.S. and must remain outside the country until they are approved.

An immigrant has eligibility requirements regardless of which avenue they choose. However, the process is very different. Each process has its forms, timelines, supporting documents, and costs. The Berwyn applicant needs to look into those differences and determine whether consular processing or adjustment of status is a better option.

Hurry Up and Wait

Once your sponsor files the petition, the United States Citizenship and Immigration Services (USCIS) must accept the petition. The timeline varies, and they may prioritize different types of petitions. This process can take several months to over a year. While an attorney cannot expedite the waiting period, they can ensure no issues with the application, avoiding additional delays.

After the USCIS grants the petition, there is more waiting. There are only so many visas available in each Green Card category each year, so people may wait years to get their Green Cards. The only category that does not have a limit—and, therefore, does not have the same waiting period—is for immediate family members of U.S. citizens.

Only after the visa is available can a person in Berwyn file an adjustment of status application — Form I-285. In addition to that application, most people also file requests for travel documents and work permits. Remember, visa availability simply means that a person can apply for adjustment of status. It does not change their status.

After the USCIS processes the I-485 form, they will schedule a biometrics appointment, gather physical information like fingerprints, and begin a background check. Depending on the results of the background check, an applicant may need to attend an in-person interview. They may also request additional information after the interview.

Within about three months of the application, the USCIS will provide an answer to the application. Those who are approved receive a notice of approval and then their physical Green Card.

Consult a Berwyn Attorney for Help with the Adjustment of Status Applications

The adjustment of status process is notoriously frustrating. From start to finish, it can take decades for some applicants, and an error at any part of that process can kick people to the back of the line. A lawyer could smooth over that process, ensuring that you fill out all forms correctly and file the necessary paperwork. Schedule a consultation with a lawyer to learn more about the adjustment of status in Berwyn.

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