Adjustment of Status
Becoming a Lawful Permanent Resident in the U.S.
The process of Adjustment of Status is for immigrants that are physically present in the United States and who are also are eligible for permanent residency by obtaining a green card.
The main requirements for Adjustment of Status are as follows:
- That the immigrant was admitted or paroled into the United States (there are very few exceptions to this rule);
- That a Visa number is available;
- That the immigrant was not convicted of a crime of moral turpitude (in this case, a waiver may be filed);
- That the petitioner meets the requirements for the Affidavit of Support;
- That the applicant files Form I-485 with USCIS.
Furthermore, in employment-based visa petitions and
family-based petitions not involving immediate relatives of
U.S. citizens, Adjustment of Status is available only to those that maintained lawful status in the United States until the priority date was current. Those that had entered the United States without inspections are not eligible for Adjustment of Status, unless they qualify for Section 245(i), or unless they re-entered the United States on a valid grant of Parole while in TPS status.
Those that are not eligible to apply for Adjustment of Status will have to pursue consular processing.
What Documents Are Required Status Adjustment?
Aside from properly filling out Form I-485, noncitizens that want to adjust their status must also produce the following documents:
- G-325A Biographic Data Form
- Affidavit of Support
- Proof of Lawful Current Status
- Proof of Inspection
- Form I-693 along with a completed medical exam
- Two color photographs
- Filing fees
Visa Waiver Program Overstay
Immediate relatives of U.S. Citizens are eligible to apply for a Green Card even after the authorized period of stay granted with the Visa Waiver Program (ESTA). The USCIS has issued a memorandum directing the local offices to adjudicate applications filed by VWP entrants if the applicant otherwise is eligible for the green card.
Itt is crucial to hire a New Jersey immigration lawyer because If the application is denied, the immigration authorities can place theimmigrant in expedited removal proceedings. With services in English,
Italian, contact our office today.
Highly Experienced New Jersey Immigration Attorney
As a New Jersey immigration lawyer, I have helped dozens of immigrants obtain permanent residency through Adjustment of Status. I regularly attend green card interviews in the Newark and New York USCIS offices to defend my clients' rights and help them present their case in the best way possible.
For more information on the Adjustment of Status process, please contact us or by fill out a case evaluation.