IMMIGRATION LAW
Lawyer for Adjustment of Immigration status in New york
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.
Who Qualifies for Adjustment of Status?
The applicant must meet the following requirements:
- The applicant must be present in the US physically
- The US must have approved the applicant’s immigration petition
- They must have been admissible to the US for lawful permanent residence or eligible for a waiver or any other relief.
- The applicant must properly file an adjustment of status application.
- The applicant must be eligible to receive an immigrant visa.
- They must be properly admitted or paroled into the US
Although the eligibility may look simple by merely looking at it, it is still a delicate procedure that your adjustment of status lawyer in NYC can help you sort out. Your lawyer will ensure that you meet the criteria before even commencing with the application.
The Underlying Family I-130 petition
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)
- 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
Special Considerations for I-485 for Children Under 14 and Family I-130 petition
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.
Services Offered Adjustment of Status Lawyer
- 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
Legal Process and Requirements for Adjustment of Status
- Check if you’re eligible
- Your sponsor will file the relevant petition
- For family visa: I-130 Form
- For employment-based application: I-140 Form
- For humanitarian application: I-730 Form
- After filing your petition, wait for USCIS to grant it. The waiting time can span between a few months to a year and over a year
- Once USCIS grants your application, you’ll check for up-to-date availability for the category of your green card
- If your visa is available, file your adjustment of status Form I-485
- USCIS will mail you a date for your biometrics
- You may attend an in-person interview, you will placed under oath for this interview
- 90 days after your interview, you’ll receive feedback, you can also check your progress online
Family Petitions and Admissibility to Adjust Status
Say your I-130 petition is approved. Now, in order for you to continue with the adjustment of immigration status, you need to know if you are admissible. Let’s see what that means.
Immediate relatives Admissibility
Legal Entry – Immediate relatives who entered with certain visas and were inspected by an immigration officer can obtain their permanent residence in the United States. And then there is lawful Status – if you are an immediate relative, whether you are currently in lawful status or not is irrelevant.
Also, unauthorized work – if you are an immediate relative, whether you have ever worked in the United States without authorization is irrelevant as well. There is also unlawful Entry – unless you are grandfathered under 245i, you cannot adjust your status. See the Provisional unlawful presence section as it may apply to you.
In addition, arrests – certain arrests may make you inadmissible. Call an adjustment of status attorney in NYC for a consultation to evaluate. There are also orders of Removal – you may be eligible for a waiver but it would be best to schedule a consultation to evaluate. Another inadmissibility is Fraud – there is a waiver for intentional misrepresentation.
Preference Categories Admissibility
For preference categories to adjust status you need to have Legal Entry and current lawful status and no unauthorized stay.
So, the only exception to all the requirements above is if you are grandfathered under Section 245(i).
Frequently Asked Questions on Lawyer for Adjustment of Immigration Status in New York
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.
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.
Do You Need to Talk to an Adjustment of Status Attorney About Adjustment of Your Immigration Status?
Adjustment of status is a delicate and rigorous process, so you need an attorney to help you through it. Contact an experienced immigration attorney through us. You can schedule a consultation by calling 914-481-8822. Our experienced attorney will answer your questions and provide the legal guidance required.
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