Adjustment of Status
ADJUSTMENT OF STATUS – BACKGROUND
Adjustment of status is often used as a remedy for someone who is facing removal proceedings in immigration court. Adjustment of status can also be used by someone not currently in removal proceedings but wishes to obtain lawful permanent resident status. Adjustment of status is a defense of removal that may be asserted in immigration court initially or as a renewed application when you are placed in immigration proceedings after a denial of an application to adjust your status filed with the United States Citizenship and Immigration Services (USCIS).
ADJUSTMENT OF STATUS – ELIGIBILITY
To be eligible for adjustment of status, you must be either an immediate relative or fall into one of the preference categories:
Immediate relatives of a United States citizen include:
- Spouses of a United States citizen;
- Unmarried minor children under 21-years-old; and
- Parents of a United States citizen, if the United States citizen is over 21-years-old.
The preference categories for Non-Immediate Relatives include:
- Unmarried children of United States citizens;
- (a) Spouses and children of a United States citizen and (b) Unmarried children of a United States citizen;
- Married children of United States citizen; and
- Children of an adult United States citizen.
The categories may be confusing so we urge you to contact The Marin Law Firm, P.A., to schedule a consultation on where you may fall in the list what category best applies to your situation.
ADJUSTMENT OF STATUS – PROCEDURE
The ability to adjust your status in the United States will depend on many factors. Our law firm will need to prove that you are eligible to adjust your status and deserve to have your application granted. For instance, if you are going to adjust your status through a family member who is a United States citizen or lawful permanent resident, you will need to have an approved I-130 petition and a visa must be presently available at the time you are making this defense. Once the immigration judge is satisfied with your eligibility to adjust your status then an immigration court hearing will be scheduled to present your case.
Typically, it is easier to adjust your status in the United States if you last entered the country legally. However, there are many ways available to adjust your status in the United States even if you last entered the United States illegally. Our law firm can still help you obtain a green card if you meet other requirements. It is extremely important to make sure you have an honest, hard-working, and knowledgeable attorney by your side through this process!
ADJUSTMENT OF STATUS- BENEFITS
If you are able to adjust your status in the United States you are entitled to numerous benefits, including but not limited to:
- A green card;
- The right to live and work in the United States without needing an employment authorization card;
- Eligibility for need-based government assistance such as welfare, Medicaid, food stamps, and Supplemental Security Income if you are disabled;
- Social Security card
Our law office will take the time to carefully study and understand your case to make sure that you are not barred from eligibility because of a crime you may have committed or a different bar to your application.
Adjustment of status may be denied by an immigration judge if he or she feels you not deserve to have your application granted. Our law firm understands the various factors that come into play when judges reach this decision such as:
- Family ties in the United States;
- Hardship of traveling abroad to process your visa;
- Length of residence in the United States;
- Prior immigration violations; and
- Good moral character during the time preceding the application for adjustment of status.
You need and deserve an attorney who will stand by your side through the adjustment of status process and defend your right to be lawfully present in the United States. We would be honored to represent you. Please contact The Marin Law Firm, P.A., at 407-680-1867 for a consultation on what you can expect when applying for adjustment of status and how we can guide you through the litigation process. We are always available Monday through Friday from 9:00 a.m. till 5:00 p.m.