In general, adjustment of status is an application process for individuals seeking lawful permanent US residence, circumventing the necessity to visit an overseas US consulate. However, not everyone is eligible for this process. To confirm eligibility, confer with our Austin immigration attorney.
What exactly is an adjustment of status?
An adjustment of status is just that. It’s an application process wherein an individual already in the US applies to move from one status to secure a green card, for example, a temporary visa holder seeking permanent residency (green card). In some cases, an individuals with no immigration status can apply for their first status.
Procuring an adjustment of status not only includes the application. It also includes submission of various forms and supporting documentation, rounding off with an interview at an office of the US Citizenship and Immigration Services (USCIS). Our Austin immigration attorney can help you prepare for each step of the process.
Adjustment of Status Eligibility
Not everyone is eligible to pursue an adjustment of status as an avenue to securing a green card. The following requirements must be met to qualify to apply for adjustment of status, including but not limited to:
- individuals must be eligible for a US green card via a close family member who is a permanent US resident or US citizen, an employer, or the individual is a refugee or asylee
- if eligibility is based on family or employment, individuals must have a previously approved visa petition on file, and the priority date must be current
- if eligibility is based on refugee or asylum status, individuals must have waited one year since entry to the US with refugee status or asylum approval
- individuals must be physically present in the US
- individuals must not have entered the US as a foreign national crewman, in transit without a visa, or under the Visa Waiver Program
- individuals must have a valid visa status (with some rare exceptions) and have not overstayed their visa expiration date or worked illegally
Can Status be Adjusted After Marrying a US Citizen?
That depends. Technically, every immigrant who marries a US citizen becomes an “immediate relative” in terms of immigration and theoretically is eligible for a green card. However, that doesn’t mean they are eligible to seek a green card via an adjustment of status. In most cases, individuals who entered the US legally and then married a US citizen are eligible to adjust their status. Individuals who entered the US illegally and then married a US citizen are not eligible to adjust status, with some extremely narrow exceptions. To determine if you fall into an exception, speak with an Austin immigration attorney.
Potential Delays and Legal Problems
Adjusting immigration status is designed to be complex and purposefully confusing. The following are typical difficulties individuals have when seeking an adjustment of status:
- the USCIS may request extensive additional information to make their decision
- the process is delayed
- individuals’ petitions may be denied citing application errors
- individuals’ visas may expire before the conclusion of the process and receive an automatic denial
Additional factors influencing your ability to successfully petition for a green card via adjustment of status include:
- age
- health
- country of origin
- criminal history
- length of stay in the US
- finances
- job skills
- visa history
- work history
- immigration backlogs
- education
- your lawyer’s abilities
Seek Representation Immediately
Adjustment of status is a tricky process by design and becomes complicated incredibly quickly. We’re here to help. Our Austin immigration attorney can help successfully petition for your adjustment of status and advocate on your behalf. Give us a call for a free consultation, and we’ll begin working on your application today.
Our clients receive individualized attention from an attorney, not an assistant or paralegal. Although we handle a wide range of legal issues, our attorneys are limited to practicing a few practice areas to give you the specialized care you need. We are compassionate attorneys that will listen closely to ensure your voice is heard and to implement potential strategies that most other attorney will miss. Call us for a free consult with our Austin immigration attorney to see why we vastly differ than most law firms.
We understand times are tough and that there probably hasn’t been a tougher time in your life. Although we could get away with charging exuberant amounts, we prefer not to as we are a law firm by the people, for the people. We do not want you to worry about whether you can afford to hire an Immigration Attorney Austin TX to protect and defend your rights. Call us for Immigration consult and be surprised at the quality you receive compared to what other Austin law firms will quote you!
Accordingly, the attorneys at AZ Law Firm will always provide you with a free initial consultation. During this initial consultation, our criminal lawyers will evaluate your case, inform you of any legal options that may be available, and allow you to ask any questions that you may have. AZ Law Firm offers affordable rates for all our clients and will work with you on payment plans. Our firm accepts checks, debit cards, and most major credit cards to cover the costs of your legal representation.
