Adjustment of Status

Adjustment of Status

The application for the Adjustment of Status is submitted by any foreign national, already is US, who wish to become permanent resident and thus file a petition to legally acquire the “permanent resident” status in US. It must be kept in mind that only individuals who are presently living in US on a temporary visa are allowed to file their application in this respect.This is acomprehensive application process that consists of forms and application fees and thus the applicant must patiently handle all the procedures involved and be ready to bear all the money needed to process the application.

Following are the benefits of Adjustment of Status:

  1. The applicant is permitted to legally work in US as well as he may also obtain employment authorization while the application is pending.
  2. Clearance from the police is not required in order to support the application.
  3. There is no need to visit abroad in order to obtain the immigrant visa.
  4. The applicant is permitted to apply for the Green Card along with the application for Adjustment of Status.
  5. The most important benefit is that the applicant is permitted to stay in US legally even while the petition is being processed and an immigrant number is being obtained.

Even before the application of the Adjustment of Status is accepted, it is important for the applicant to qualify. There are several grounds which are considered to know if the applicant has qualified for getting the visa or not. It is important that the immigrant petition is approved by the USCIS. Also it is seen that whether the applicant holds a number which is availed by the Department of Homeland Security or not. If both are not found that than it takes months are years before an individual may be able to adjust status to become a lawful permanent resident.

Generally following foreign nationals are considered to qualify for the Adjustment of Status:

  1. The foreign nationals having a spouse who is a US citizen are qualified to apply for this visa. It is important that the foreign national is already on the K-1 Fiancé Visa to be able to apply. Only after the marriage has taken place the applicant may apply.
  2. Spouses and unmarried children under the age of 21 of a lawful permanent resident, or Green Card Holder, with an approved family based immigration petition and a current priority date may file for the status.
  3. The children of foreign nationals having US citizenship may apply for the status.

A medical examination, affidavit of support (if required), an approval from the immigration office, and a copy of the applicant’s passport, are the documents which must be presented by the applicant with his application. In case of marriages, an interview has to be conducted. In cases of applications based on employment and family ties, the interview is a must and the application has to go through it without a choice. It is important to present the proof of family ties for applications based upon family relationships. Once the Adjustment of Status is approved, the Green Card is mailed to the applicant within a couple of months.

For assistance with adjustment of status by immigration attorneys, please call today.