Adjustment of Status Lawyer
Certain properly admitted nonimmigrants who are already in the United States may apply for permanent resident status through a process known as “adjustment of status” (do not confuse “adjustment of status” with “change of status,” which refers to the modification of one nonimmigrant status to another). Adjustment of status may eliminate the time consuming and expensive process of returning to a home country and applying at the U.S. Embassy/Consulate for an immigrant visa. The immigration lawyers in our office can assist you.
An adjustment of status application does not stand alone. It must be based upon a previously approved (or concurrently filed, when applicable) visa petition (typically an I-130, Petition for Alien Relative or an Immigrant Petition for Alien Worker (I-140)) and said petition must be available for immediate use. A Michigan adjustment of status lawyer could help you with this application process.
Qualifying for an Adjustment of Status
By far, most adjustment of status applications are filed when an applicant is seeking permanent status based upon a family or employment sponsored petition. In employment situations, the applicant must have already been approved for, and have immediately available, an immigrant visa number, and in some cases, have an approved Labor Certification. In family-based cases, the applicant may have an approved family-based immigrant petition and a current priority date, or, in some circumstances, may file a family-based immigrant petition concurrently with their adjustment of status application.
In order to qualify for Adjustment of Status, the applicant must fall into one of the following categories:
- Have an approved (or be approvable, in certain categories) immigrant visa petition based on an offer of employment, an approved Labor Certification, as applicable, and a current priority date;
- Have a family based immigrant visa petition approved and a current priority date, or file the same concurrently, where applicable;
- A fiance (fiancee) who was admitted on a K-1 visa and married the U.S. citizen who petitioned for him or her within 90 days of entering the country;
- Granted asylum or refugee status and have been in the U.S. for more than a one year;
- A Cuban citizen or native who has lived in the U.S. for at least one year after being admitted into the U.S.;
- A continuous resident of the U.S. since January 1, 1972; or,
- Hold another immigrant petition that allows for the filing of an adjustment of status application, such as a Diversity Visa Lottery winner, family member of a service member or veteran of the U.S. military.
If an applicant meets the eligibility requirements, the applicant files an application with the U. S. Citizenship and Immigration Services (USCIS) office with jurisdiction over the particular type of application being submitted and/or residence of the applicant. The USCIS then reviews the application, schedules the applicant for biometrics collection, and, in most cases, schedules the applicant to attend an interview. An attorney in Michigan could determine if an immigrant is eligible for an adjustment of status.
Reviewing an Adjustment of Status Application
In determining whether or not an adjustment of status application is to be granted, as a matter of discretion, the USCIS may look at a variety of factors, such as length of residence in the U.S., previous immigration history, any preconceived intent of the applicant when originally entering the U.S., and any history of immigration law violations.
The applicant will be notified of a decision regarding their adjustment of status application in writing. If approved, the applicant typically receives their permanent resident card within 30 days. If the application is denied, the applicant may need to travel abroad for visa processing.
As a reminder, while an adjustment of status application is pending, the applicant must advise USCIS of any/all changes in address within 10 days of such change. Our lawyers in Michigan may assist you in determining whether you qualify to file an adjustment of status application, in the actual filing of your adjustment of status application, and accompanying you to your interview as your legal representative.
