Adjustment Status Immigration

Lawyer for Adjustment of Immigration status in New york

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.

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Who Qualifies for Adjustment of Status?

The applicant must meet the following requirements:

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. Consulting an adjustment status immigration attorney ensures that each technical requirement is met with accuracy.

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:

Everyone else falls within a preference category and has to wait for a visa to become available to qualify.

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

There are various services an adjustment of status immigration lawyer in NYC can render to make your application easier. An attorney can help you:

Legal Process and Requirements for Adjustment Status Green Card

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.

     

  • Lawful Status – if you are an immediate relative, whether you are currently in lawful status or not is irrelevant.

     

  • Unauthorized Work – if you are an immediate relative, whether you have ever worked in the United States without authorization is irrelevant as well.

     

  • 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.

     

  • Arrests – certain arrests may make you inadmissible. Call an adjustment of status lawyer in NYC for a consultation to evaluate.

     

  • Orders of Removal – you may be eligible for a waiver but it would be best to schedule a consultation to evaluate.

     

  • Fraud – there is a waiver for intentional misrepresentation.

 

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. 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.

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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398 North Ave, Suite 202, New Rochelle, NY 10801

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(914) 481-8822

Email

gergana@lawgenova.com

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