Adjustment of Status
Adjustment of status is the process used by a foreign national who is physically present in the U.S. to become a lawful permanent resident. Adjustment of status is an alternative to obtaining an immigrant visa through a U.S. consulate abroad. Depending on the backlog at U.S. Citizenship and Immigration Services (USCIS) service centers, adjustment of status may be preferred by foreign nationals over consular processing.
Adjustment of Status has the following benefits:
- It avoids the expense and inconvenience of travel back to the home country
- It includes immediate family members entitled to employment authorization and permission to travel
- There are appeals options available if the original application is denied
One of the major differences between consular processing and adjustment of status is that there is no appeals process if your case is denied by a consular officer. An appeals process and a process allowing for the reopening of denied and closed cases both exist in the adjustment of status process along with permissible attorney representation.
Timeframes for processing adjustment of status applications vary depending on the volume of applications in each USCIS office. Dependent applicants for adjustment of status who turn 21 years of age prior to the adjudication of their application lose eligibility to adjust their status based upon the principal's original application. USCIS service centers and district offices generally will expedite an adjustment application involving a child who is “aging out” if the problem is clearly identified and brought to their attention.
A foreign national who is placed in removal proceedings becomes subject to the jurisdiction of the immigration court. In this situation, the immigration judge has the authority to adjudicate the foreign national's application for adjustment of status. The foreign national must meet the eligibility requirements, including having an I-130 or I-140 Immigrant Visa petition previously approved by USCIS.
The following requirements must be met:
- The applicant has been inspected and admitted or paroled
- Entered the U.S. on lawful entry (except for immediate relatives, battered spouses and children, and special immigrants)
- There is an immediately available visa number at time of filing
- The proper application for adjustment of status has been submitted
- The applicant should be otherwise admissible
There are several bars that will prevent approval for adjustment of status, however, an attorney may be able to help you overcome these bars and be approved to adjust status in the U.S.
Typical bars include persons admitted as visitors under the U.S. Visa Waiver Program, aliens admitted on a conditional basis, and applicants who have engaged in unauthorized employment.
Unauthorized employment is a bar to adjustment of status. This bar does not apply to employment-based petitions where a person worked no more than 180 days without permission since their last entry into the U.S. Immediate relatives and special immigrants are also exempt from this bar. Status violations during prior visits to the U.S. as well as during the current stay may also constitute a bar for adjustment of status. Some status violations can be cured, so if any of the aforementioned bars apply to you or a relative, it is advisable that you contact our office for a consultation with an attorney.
After filing, the applicant receives a fingerprint notice. Later, they are scheduled for an interview. In many cases, certain applicants for adjustment status will not be interviewed. These applicants can include employment-based applicants, and children and parents of U.S citizens. A decision on all other types of applications will generally be decided at the time of the interview.
Once the foreign national receives an approval notice, he or she must get temporary evidence of permanent residence. The approval notice alone is not sufficient evidence for a foreign national to be readmitted to the U.S. after leaving. Therefore, it is advisable to obtain temporary evidence of permanent residence, such as an I-551 temporary stamp in the foreign national's passport.
Information on where to obtain the I-551 stamp is usually printed on the approval notice. The I-551 stamp serves as temporary proof of the foreign national's permanent resident status and is valid for one year, which is normally enough time for the alien to receive the actual Resident Alien Card from USCIS. If there is any delay in the issuance of the Resident Alien Card, the I-551 stamp may be renewed.
Please contact us to start your immigration application now.