Becoming a lawful permanent resident in the United States is a significant milestone for many individuals seeking to build their lives, careers, and futures in this country. One pathway to achieving this status is through the process known as “adjustment of status.” At Rebecca Black Law, PA, we understand the complexities and nuances of immigration law, and we’re dedicated to assisting individuals in navigating this journey smoothly and efficiently.
Understanding Adjustment of Status
Adjustment of Status (AOS) is a legal process that allows certain individuals already in the United States to apply for lawful permanent resident status (a Green Card) without having to leave the country. It’s a means to transition from a temporary immigration status to permanent residency while staying within the U.S.
This process is available to various groups, including immediate relatives of U.S. citizens, certain family-based preference immigrants, certain employment-based immigrants, refugees, asylees, and other specific categories of individuals who meet eligibility criteria.
The process involves submitting Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation, to USCIS. Depending on the situation, applicants might also need to submit additional forms, attend a biometrics appointment, and attend an interview at a USCIS office.
Adjustment of Status offers several advantages, such as the ability to live and work in the U.S. permanently, eligibility to travel abroad with a re-entry permit or advance parole, and access to certain government benefits.
Limitations and Considerations
While AOS can be an effective pathway to obtaining a Green Card, there are limitations and potential challenges. These may include lengthy processing times, eligibility requirements, potential inadmissibility issues, and the need for ongoing lawful status during the application process.
¿Cómo podemos ayudar?
At Rebecca Black Law, our team specializes in immigration law and offers comprehensive support throughout the adjustment of status process:
1. Initial Assessment:
We start by conducting a thorough evaluation of your situation to determine eligibility for adjustment of status. This involves reviewing your immigration history, current status, and any potential challenges that may affect your application.
2. Guidance and Documentation:
Our experienced attorneys provide clear guidance on the necessary documentation and evidence required for a successful application. We assist in gathering and organizing forms, affidavits, financial records, and other supporting materials.
3. Application Preparation:
Our team takes care of preparing and organizing your application package meticulously. We ensure that all required forms are completed accurately and submitted within the specified timelines.
4. Interview Preparation:
If an interview is part of the process, we offer comprehensive guidance and conduct mock interviews to help you prepare effectively. This ensures you’re confident and well-prepared for the actual interview with USCIS.
5. Communication and Representation:
We handle direct communication with USCIS on your behalf. In case of inquiries or requests for additional information during the application process, we promptly address them. Our team also provides representation in case of any complexities or challenges that may arise.
6. Personalized Support:
Understanding that every case is unique, our approach is tailored to your specific circumstances. We offer personalized advice and strategies to maximize your chances of a successful adjustment of status.
7. Post-Application Support:
Even after the application is submitted, we continue to support you. Our team remains available to address any concerns or additional requirements until a decision is reached on your case.
Frequently Asked Questions about Adjustment of Status
Here are some commonly asked questions about Adjustment of Status
1. Can I apply for adjustment of status on my own, or do I need an attorney?
While it’s possible to apply for adjustment of status without an attorney, the process can be complex and daunting. An experienced immigration attorney can offer valuable guidance, ensure accuracy in documentation, and represent you if complications arise.
2. Can I work or travel while my adjustment of status application is pending?
Once you file Form I-485, Application to Register Permanent Residence or Adjust Status, you may be eligible to apply for an Employment Authorization Document (EAD) and travel document (Advance Parole). These allow you to work and travel while your application is pending.
3. How long does the adjustment of status process take?
Processing times can vary widely based on factors such as the USCIS workload, your specific case, and any additional review required. On average, the process can take several months to over a year or more.
4. Can I apply for adjustment of status if I entered the U.S. illegally?
In some cases, individuals who entered the U.S. illegally may still be eligible for adjustment of status through certain family-based or employment-based categories. However, specific eligibility criteria and potential obstacles should be discussed with an experienced immigration attorney.
5. What happens after I submit my adjustment of status application?
After submission, USCIS will review your application. This may involve issuing a notice for biometrics (fingerprinting), scheduling an interview, or requesting additional evidence. Ultimately, USCIS will make a decision on your application.
6. Do I need a sponsor for adjustment of status?
Depending on the category you’re applying under, you may need a sponsor. For family-based applications, a sponsor is typically a qualifying family member who petitions for you. Employment-based applicants might require employer sponsorship.
7. What happens if my adjustment of status application is denied?
If your application is denied, USCIS will provide a reason for the denial. In some cases, you may have the option to appeal the decision or reapply, depending on the circumstances. Seeking legal guidance is crucial if your application is denied.
Start Your Journey
At Rebecca Black Law, our commitment is to make the adjustment of status process as seamless and stress-free as possible for our clients. We leverage our expertise in immigration law to guide you through each step, ensuring that your journey towards lawful permanent residency in the United States is handled with precision and care.
If you’re considering adjustment of status or have already begun the process, our dedicated team is here to provide the support and legal counsel you need to achieve your immigration goals. Contact us today to schedule a consultation and take the first step towards realizing your American dream.