The process of changing from a nonimmigrant immigration status to a permanent resident status is known as adjustment of status. It is a way for temporary visitors, like people on student, tourist, or worker visas, to seek permanent residence in the United States. However, this is only available to individuals who have entered and are staying in the country lawfully.
Adjustment of status is not the only way to seek a green card. People who are ineligible for an adjustment can also use consular processing, even if they are located in the United States. A determined immigration attorney could help answer specific questions you may have about the adjustment of status in Lombard.
Determining whether someone is eligible for an adjustment of status begins by looking at whether they have a sponsor. Almost all applicants will need a sponsor, which can be a family member or an employer. Some immigrants from particular groups, such as those eligible for asylum, do not need a sponsor.
To get an adjustment of status, the applicant must be physically present in the United States at the time of filing and must stay in the country to complete the process. They must also be legally within the U.S., which usually means lawfully admitted through the normal visa process but could also include being paroled into the country as a refugee.
While legal entry is required for an adjustment of status, an expired visa does not necessarily disqualify a person from eligibility; however, it can. In addition, people with expired visas face the possibility of deportation at any time.
Finally, an immigrant visa must be available to the applicant. For family members seeking an adjustment of status, the process requires filing an I-130 petition to establish a family relationship and an I-485 adjustment of status petition. The category has to be available in the visa bulletin to ensure that there is an available visa. A Lombard lawyer who handles adjustment of status cases could help applicants understand the visa bulletin.
Not every person can apply for an adjustment of status based on family relationships. A U.S. citizen or lawful permanent resident can file a petition to bring certain relatives to the United States. They either have to be immediate family members or in one of the family preference categories.
Immediate family members include the spouse, parents, or unmarried children under the age of 21. Others, including adult or married children, may qualify under additional family relationships, but it will depend on availability in the family preference program.
There is also a fiance visa program. Instead of filing the I-130 family form, the U.S. citizen files from I-129F—Petition for Alien Fiance. This option is only available to U.S. citizens, not to permanent residents. The program is known as the K-1 visa program, and the adjustment of status would begin after the marriage.
The petition for adjustment of status is only one of the forms people need to file to get their green card rights. They may also need to file the following:
The packet for the status adjustment application may also contain other supporting documents and forms, which a Lombard lawyer could explain in more detail.
The waiting period for an adjustment of status can be lengthy. Applicants may be able to get some benefits before the Green Card approval. For example, they may get permission to leave and re-enter the country, permission to work, or similar benefits.
The timeline for adjustment of status in Lombard can take several months to up to two years. While a lawyer cannot do anything to expedite the process, they can help prevent pitfalls that could delay an application.
By doing so, they can streamline the process, make it run more smoothly, and get faster results for their client. Schedule an initial consultation with Godoy Law Office today to learn more.
