Adjustment of immigration status is the process of applying for permanent residence through application I-485. To get to that stage though there are two requirements you must meet. First, you need to have an approved underlying petition (I-130 family-based, I-589 asylum, I-360 VAWA, I-360 SIJ, I-360 other special immigrants, I-360 widow/er, I-918 U visa). Then, you must also be admissible. To be admissible is a term of art and we will discuss what that means separately.
The process of adjustment of immigration status requires precision and care. The reason is to avoid any mistake that could affect the outcome of the process. This is where an adjustment of status lawyer in NYC comes in to avoid issues that might occur and also to make the process easier and faster. This is also important if you have criminal records, do not understand the English language properly, you need help expediting your process, and so on. An immigration lawyer adjustment of status specialist can guide you from beginning to end with confidence.
You can have an approved I-130 family petition if you are a family of a US Citizen or a Permanent Resident.
However, family though is not all the same in the eyes of immigration. There is immediate family and other family.
Immediate Relatives enjoy special priority and as such do not have to wait in line for a visa number to become available. So, the list of immediate relatives is only three specific categories:
Spouse of a United States citizen, and
Unmarried child (of a United States citizen) under the age of 21, and
Parent (if the U.S. citizen child is over the age of 21)
Everyone else falls within a preference category and has to wait for a visa to become available to qualify.
Unmarried adult children of U.S. Citizens and Permanent Residents
Spouses and Children of Permanent Residents
Married children of U.S. Citizens
Siblings of Adult U.S. Citizens
If the children are migrating with you, each child should have a separate I-485 application. Children under the age of 14 years, your parents or legal guardian may sign the application for you. They need not pay a biometric fee. You also do not need to submit evidence of good character except there is reason to believe that they lack good moral character.
There are various services an adjustment of status immigration lawyer in NYC can render to make your application easier. An attorney can help you:
Ensure that you are eligible to apply for adjustment of status
Guide you on how to fill your Form I-485 document, including how to go about children under 14
Pay all the necessary for your application
Guide you through the entire process and help you send applications to relevant persons
Immediate relatives who entered with certain visas and were inspected by an immigration officer can obtain their permanent residence in the United States.
if you are an immediate relative, whether you are currently in lawful status or not is irrelevant.
if you are an immediate relative, whether you have ever worked in the United States without authorization is irrelevant as well.
unless you are grandfathered under 245i, you cannot adjust your status. See the Provisional unlawful presence section as it may apply to you.
certain arrests may make you inadmissible. Call an adjustment of status lawyer in NYC for a consultation to evaluate.
you may be eligible for a waiver but it would be best to schedule a consultation to evaluate.
there is a waiver for intentional misrepresentation.
A person presently in the US with a nonimmigrant visa may stay and apply for adjustment of status. The process will let you become a permanent resident and obtain a green card. For you to make this application, someone needs to file an immigration petition for you. You can contact an adjustment of status immigration lawyer to learn how your case fits within the requirements.
Adjustment of status process takes a few months to over a year. On average, it takes about 11.5 months.
Adjustment of status process takes place at the USCIS and it is at the discretion of the officer dealing with each case. Even if a person is not affected by statutory bars, the officer may still deny their application.
Speak directly with Attorney Genova. Honest, expert guidance on your case — no commitment required.
