Who is Eligible for Adjustment of Status?
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Adjustment of Status (AOS) is a pivotal process in U.S. immigration law that allows eligible individuals to apply for lawful permanent resident status, commonly known as a green card, without having to leave the United States. This process is a significant pathway for many immigrants who wish to transition from a temporary visa status to becoming a permanent resident, thus allowing them to live and work indefinitely in the country.
Understanding Adjustment of Status
AOS is an attractive option for many immigrants as it eliminates the need for consular processing, which requires an applicant to apply for a visa at a U.S. consulate in their home country. By adjusting status while in the U.S., applicants can continue their lives with minimal disruption. This process is governed by the Immigration and National Act and is facilitated through U.S. Citizenship and Immigration Services (USCIS).
Eligibility Criteria for Adjustment of Status
Eligibility for AOS is primarily determined by the applicant’s current visa status, the basis for their adjustment, and adherence to specific requirements. Below are the key eligibility criteria:
- Presence in the U.S.: The applicant must be physically present in the United States.
- Lawful Entry: Generally, the applicant must have been admitted or paroled into the U.S. legally. However, exceptions exist, such as those available under Section 245(i) for certain individuals who entered without inspection but have a qualifying petition filed before April 30, 2001.
- Visa Availability: A visa must be immediately available at the time of filing. This is typically determined by the applicant’s visa category and country of origin.
- Admissibility: The applicant must be admissible to the U.S. or qualify for a waiver of inadmissibility if applicable. Grounds of inadmissibility include criminal records, health-related issues, and prior immigration violations.
- Eligible Categories: Applicants must have an immigrant visa petition approved or concurrently filed. Common categories include family-based and employment-based petitions, humanitarian programs such as asylum or refugee status, and special immigrant categories.
Practical Advice for Applicants
For those considering AOS, preparation is key to a successful application. Here are some vital steps and considerations:
- Gather Documentation: Essential documents include proof of lawful entry, identity documents, proof of relationship to a sponsoring family member or employer, and evidence of visa availability.
- Complete Form I-485: This form is the core of the AOS application. Ensure all sections are completed accurately, as errors can lead to delays or denials.
- Biometric Appointment: Attend the scheduled biometric services appointment for fingerprinting and photographing, which is crucial for security and background checks.
- Interview Preparation: Many applicants will be required to attend an interview. Be prepared to discuss your application and supporting documents comprehensively.
- Common Pitfalls: Avoid common pitfalls such as failing to maintain current visa status, misrepresenting information on applications, or missing deadlines. Consulting with an experienced immigration attorney can mitigate these risks.
Contact Us for Help
At Kriezelman Burton & Associates, LLC, we have extensive experience guiding clients through the complexities of the AOS process. Our team provides meticulous legal assistance to ensure that your journey toward permanent residency is as smooth and successful as possible. Contact us today to schedule a consultation, and let us help you achieve your immigration goals.
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Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
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