The journey to obtaining lawful permanent residency in the United States is full of promise—but equally full of challenges. If you or a loved one are seeking an adjustment of status in Chicago, you need to understand the legal process completely. However, the process is so difficult that even lawyers who do not specialize in immigration may struggle to understand it.
To avoid the common missteps and pitfalls in the process, seek the help of an immigration attorney from our team at Godoy Immigration. We could help you avoid consequences such as delays, denials, or even removal proceedings.
Adjustment of status allows certain noncitizens already in the U.S. to apply for lawful permanent residency—also known as a Green Card—without returning to their home country. This process differs from consular processing, which requires applicants to complete their immigration process abroad.
For a Chicago area resident to qualify for adjustment of status, he or she must meet eligibility criteria under the Immigration and Nationality Act. The most common paths include:
Family-based adjustment allows people to bring over family members. Spouses, parents, children, and siblings of U.S. citizens or lawful permanent residents may be eligible for Green Cards.
People escaping adverse conditions in their countries of origin may qualify for refugee or asylum status. Those who have been in the United States for at least one year can apply for adjustment of status.
The Diversity Visa Program uses a lottery system to determine who may be eligible for adjustment of status. Some special programs may allow people—particularly victims of crime—to adjust their status.
To apply for adjustment of status, Chicago area residents must:
Some individuals may not be eligible for adjustment of status due to past immigration violations, criminal history, or health-related grounds, making it crucial to consult with an attorney before applying.
The first action a Chicago resident should take before applying for adjustment of status is to consult an attorney to determine if he or she is eligible. Ineligible people can waste time and financial resources applying for an adjustment. They could also expose themselves to potential difficulties, including removal from the country. Instead, they should focus on resolving any eligibility issues before beginning the process.
An attorney could advise an immigrant whether he or she should file Form I-130 or I-140. The sponsor, who is usually a U.S. citizen or lawful permanent resident, is actually the one filing these petitions. Then, once an immigrant visa is available, the applicant files Form I-485 with supporting documents. The U.S. Citizenship and Immigration Services (USCIS) will schedule a biometrics appointment and collect fingerprints, photos, and signatures for background checks. The USCIS may also require an interview to verify information and determine eligibility.
For many applicants, the most challenging part of the process is waiting for the decision. If the application is approved, then the applicant receives a Green Card. If not, applicants can generally reapply after correcting any issues.
There are several reasons that the government might deny a Chicago resident’s adjustment of status request:
The process can be very detail-oriented, so errors or omissions in the applications may lead to denials, as can missed appointments. These problems are inconvenient but rarely keep someone from being able to reapply and successfully adjust his or her status.
Other issues can be more difficult. If USCIS does not believe that the relationship between the immigrant and his or her sponsoring family member is genuine, they can deny the adjustment of the status request. They may also deny an application if they worry that the immigrant will not have sufficient financial resources.
If you or a loved one is seeking adjustment of status in Chicago, you do not have to handle the process on your own. Mistakes may cost you your chance at permanent residency. Our lawyers at Godoy Immigration could help—contact us to find out how.
