What is the adjustment of status? An Adjustment of Status is when a person legally in the U.S. applies for permanent residence, or applying for a Green Card, without having to return to your home country to finish the adjustment process.
Who can apply for an Adjustment of Status? A U.S. citizen or lawful permanent resident may petition for certain family members to receive a green card. Similarly, a U.S. citizen or lawful permanent resident may also petition to bring their fiancé and the children of their fiancé to the U.S. with the intent of marrying their fiancé. Finally, an employer may become the sponsor of their employee and petition for them to receive a green card.
The requirements for adjustment of status include being eligible in one of the following categories: Qualifying through an employment-based green card, qualifying through a family-based green card, qualifying through humanitarian grounds, qualifying through a diversity lottery, etc. In order to qualify for adjustment of status initially, you must use a valid visa or utilize the visa waiver program for the most recent entry into the United States. However, if you or a loved one is applying for adjustment of status through marriage and entered the U.S. with a valid visa, then overstaying a visa will not be penalized against you on adjustment of status.
There is also consular processing which is different from adjustment of status as you must apply for a green card outside of the U.S. and the green card will be processed at the nearest U.S. embassy or consulate. With this type of processing, you must remain outside of the U.S. until your green card has been approved.
Adjustment of status and consular processing both require their own set of application forms, supporting documents, and timelines. In order to decide which one might be more beneficial for your specific case, contact experienced immigration attorney, Ramona Kennedy.
The initial case evaluation is free of charge. It is vital that you contact our office, as we are eager to assist you with your specific case. Contact qualified and passionate attorney, Ramona Kennedy, today at via phone or WhatsApp +(949)-677-0063 or email: [email protected]